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OUTLINES   OF   CIVICS 

Being  a  Supplement  to 
Bryce's  ^^ American  Commonwealth^^  Abridged  Edition 

FOR  USE  IN 

HIGH   SCHOOLS  AND   COLLEGES 


BY 


FREDERICK   H.   CLARK 

HEAD  OF  HISTORY  DEPARTMENT,   LOWELL  HIGH  SCHOOL 
SAN  FRANCISCO,  CAL. 


THE   MACMILLAN   COMPANY 

LONDON:  MACMILLAN  &  CO.,  Ltd. 
1903 

All  rights  reserved 


LIBRARY 
TY  OF  CALIFORNIA 

.    LOUIS  EXHIBIT 


oi 


OUTLINES   OF  CIVICS 

BEING  A  SUPPLEMENT  TO 

Bryce's  "American  Commonwealth,"  Abridged  Edition 


••n^y^o- 


OUTLINES   OF   CIVICS' 

Being  a  Supplement  to 
Bryce's  ^^ American  Commonwealth^^  Abridged  Edition 

FOR  USE  IN 

HIGH  SCHOOLS  AND  COLLEGES 


BY 

FREDERICK   H.   CLARK 

HEAD  OF  HISTORY  DEPARTMENT,   LOWELL  HIGH  SCHOOL 
SAN  FRANCISCO,  CAL. 


OF  THE 

UNIVERSITY    ^ 

or  '^ 


Nehj  gorft 
THE  MACMILLAN   COMPANY 

LONDON:  MACMILLAN  &  CO.,  Ltd. 
1903 

All  rights  reserved 


\^ 


^ 


«* 


V^i 


Copyright,  1899, 
Bv  THE  MACMILLAN  COMPANY. 


Set  up  and  electrotyped  October,  1899.     Reprinted  April, 
1903. 


J.  S.  Gushing  &  Co.  —  Berwick  &  Smith  Co. 
Norwood,  Mass.,  U.S.A. 


INTRODUCTION 

There  is  great  need  —  never  so  urgent  as  at  this 
moment  —  that  our  public  schools  should  afford  more 
and  better  instruction  in  the  true  principles  of  democ- 
racy. A  new  and  loftier  ideal  as  to  the  aim  and  char- 
acter of  such  instruction  must  be  set  up.  The  very 
existence  of  the  free  public  school,  whether  of  primary, 
secondary,  or  university  grade,  is  evidence  that  American 
sentiment  recognizes  the  fact  that  the  state  must  educate 
her  children  as  a  safeguard  to  herself.  Yet  it  is  remark- 
able that  very  small  space,  relatively  to  other  studies  in 
the  curriculum,  has  hitherto  been  assigned  to  the  study 
of  history,  civics,  or  civil  government,  —  the  subjects,  of 
course,  which  are  best  fitted  to  give  the  youth  some 
direct  training  for  the  duties  of  citizenship.  Moreover, 
such  instruction  as  has  been  given  has  commonly  been 
of  the  poorest  sort.  Too  often  the  teacher  has  at  best 
but  a  vague  conception  of  the  nature  or  of  the  possibili- 
ties of  the  task  he  is  undertaking.  With  few  exceptions, 
text-books  are  radically  defective.  The  discussion  is 
meagre  and  fragmentary;  little  effort  is  made  to  give 
adequate  criticism  or  comparison ;  and  the  proper  appa- 
ratus to  develop  right  methods  is  lacking. 

It  is  indeed  high  time  that  stronger  meat  were  put 
before  the  pupils  of  the  secondary  school.  In  history, 
especially,  the  text-book  maker  and  the  teacher  have 

V 


vi  INTRODUCTION 

usually  aimed  quite  too  low.  In  the  attempt  to  "  sim- 
plify "  they  have  written  down  or  stooped  to  the  sup- 
posed capacity  of  the  pupil.  Instead  of  putting  the 
youth's  faculties  under  a  healthy  strain,  instead  of  lifting 
his  thought  to  the  highest  possible  level  of  attainment, 
the  subject  has  been  deliberately  rendered  juiceless  and 
devoid  of  living  interest,  even  when  not  made  utterly 
distasteful.  If  this  be  a  grave  mistake  in  the  historical 
field  generally,  it  is  positively  inexcusable  in  civics  and 
civil  government.  The  boy  or  girl  of  high  school  age, 
particularly  the  American  boy  or  girl,  shows  a  surprising 
avidity  and  capacity  in  seeking  and  mastering  the  saUent 
facts  of  contemporary  political  and  civic  hfe.  The  youth 
who  without  guide  or  stimulus  eagerly  reads  the  political 
articles  in  the  daily  newspaper,  and  who  enters  with 
zeal  into  the  issues  of  a  presidential  campaign,  is  capable 
of  grappling  with  the  same  problems  when  systematically 
presented  in  the  schoolroom. 

Again,  if  popular  education  is  really  to  be  the  safe- 
guard of  the  Republic,  it  is  absolutely  necessary  that 
instruction  in  the  principles  of  democracy  should  be 
broad  and  free.  There  must  be  luminous  comparison 
and  fearless  criticism.  It  is  but  a  false  and  dangerous 
patriotism  which  is  born  of  self-flattery  and  nourished  on 
national  conceit.  It  is  a  perilous  love  of  country  which 
is  blind  to  the  country's  faults.  In  the  schoolroom,  it  is 
true,  the  examination  of  our  institutions  and  our  political 
methods  should  be  sympathetic;  but  it  must  be  frank 
and  true,  if  it  is  to  make  for  a  higher  ideal  of  citizenship. 

It  was  a  happy  thought  on  the  part  of  the  publishers 
to  prepare  an  abridged  edition  of  Bryce's  Common- 
wealth  for   use    mainly  in   secondary   schools.     Bryce's 


INTRODUCTION  vii 

work  has  the  two  qualities  already  suggested  as  essential 
in  a  modern  text-book.  It  presents  a  broad,  critical, 
sympathetic  examination  of  the  plain  facts  of  our  national 
and  local  life,  such  as  only  the  trained  scholar  and  prac- 
tical statesman  can  give.  To  the  American  citizen  it  is 
emphatically  an  "  epoch-making  "  book,  for  it  has  become 
a  centre  of  influence  for  good  in  our  political  life.  We 
have  instinctively  deferred  to  the  judgments  of  the  wise 
observer  who  has  looked  at  us  from  the  outside,  and  in 
them  the  reformer  and  the  honest  thinker  have  found 
encouragement  and  support.  Furthermore,  the  analysis 
of  the  book  is  so  clear,  the  diction  so  pure  and  simple, 
and  the  style  so  interesting,  that  every  page  will  appeal 
almost  as  readily  to  the  comprehension  of  the  young  as 
it  does  to  the  mind  of  the  experienced  man  of  affairs. 

Yet  to  make  the  American  Commonwealth  in  the  high- 
est degree  serviceable  for  school  purposes,  it  was  neces- 
sary that  the  text  should  be  supplemented  in  two  ways 
—  it  must  have  an  historical  setting,  and  it  must  be 
supplied  with  an  efficient  scientific  apparatus.  To  pro- 
vide these  aids  has  been  the  aim  of  Mr.  Clark,  and  he 
has  well  performed  his  difficult  labor.  In  the  first  place, 
he  has  perceived,  as  the  experienced  modem  teacher 
must  perceive,  that  it  is  the  emphasis  of  the  element  of 
growth,  of  development,  which  has  converted  a  task,  too 
frequently  as  dry  and  repulsive  as  it  is  profitless  to  the 
pupil,  into  a  living,  fascinating  study.  A  series  of  his- 
torical topics  is  therefore  planned.  These  are  wisely 
selected  in  such  a  way  as  to  disclose  to  the  student  the 
social  processes  through  which  the  existing  local  and 
central  organizations  have  become  what  they  are.  In- 
deed, Mr.  Clark's  "  Supplement "  will  appeal  to  the  high 


viii  INTRODUCTION 

school  and  the  college  teacher,  especially  as  an  aid  in  the 
carrying  out  of  the  library  and  source  methods.  How 
very  urgent  is  the  need  of  seizing  every  opportunity  to 
secure  a  reform  in  the  prevaiHng  methods  of  teaching 
history  and  civics  in  the  secondary  schools  throughout 
the  country,  is  too  little  appreciated  by  educators.  A 
single  fact  is  significant.  Although  at  least  one  western 
state,  Nebraska,  had  for  several  years  distinguished  her- 
self by  successfully  maintaining  a  teachers'  organization 
for  the  purpose  of  promoting  better  historical  methods, 
it  was  not  until  1897  that,  simultaneously  on  the  opposite 
shores  of  the  Republic,  a  similar  movement  was  begun 
among  the  teachers  of  New  England  and  California. 

Mr.  Clark  has  skilfully  carried  out  his  design  of  sup- 
plying an  efficient  working  method  in  various  ways :  by 
assigning  interesting  studies  on  the  map;  by  reprinting 
important  documents,  in  full  or  in  summary,  and  plan- 
ning work  based  upon  them ;  by  copious  and  carefully 
selected  historical  references  throughout  the  book ;  and 
especially  in  the  opportunities  afforded  for  the  study  of 
state  and  local  institutions,  not  only  in  theory,  but  also 
in  their  practical  workings.  The  author  has  rendered 
a  distinct  service  to  society,  for  which  every  friend  of 
the  cause  of  civic  education  and  social  righteousness  will 
be  grateful. 

George  Elliott  Howard. 

Stanford  University, 
June  27,  1899. 


SUGGESTIONS   FOR   USE 

A  FEW  words  of  general  advice  in  regard  to  the  use  of 
this  book  may  be  offered  here.  It  is  planned  to  accom- 
pany Bryce's  American  Commonwealth  in  the  hands  of 
pupils  as  a  text-book.  It  will,  however,  be  found  ser- 
viceable in  the  study  of  American  institutions  from  any 
source  whatever,  inasmuch  as  all  of  the  work,  except  the 
"Topics"  upon  the  Bryce  chapters,  can  be  used  with  any 
text-book. 

Although  this  book  has  been  prepared  with  particular 
reference  to  California,  it  will  be  found  useful  in  any 
other  state  as  well.  With  Bryce  in  the  hands  of  pupils 
as  a  text-book,  all  the  work  outlined  herein  can  be  car- 
ried out  anywhere  in  the  Union.  Outside  of  California 
the  only  modification  needed  will  be  that  teachers  supply 
the  proper  material  from  their  own  states,  to  take  the 
place  of  the  facts  and  summaries  printed  herein  from 
California  documents. 

This  book  takes  for  granted  access  to  a  library  and  the 
use  of  books.  For  the  most  valuable  books  in  this  line 
for  a  high  school  library  teachers  are  referred  to  the  lists 
given  in  Channing's  Students'  History  of  the  United 
States,  which  should  itself  be  the  first  book  purchased. 
But  an  ever  increasing  degree  of  helpfulness  in  education 
is  to  be  expected  from  public  libraries.  Take  a  copy  of 
this   book  to  the  librarian  of  your  public  library,  and 


X  SUGGESTIONS  FOR    USE 

obtain  the  library  numbers  for  all  the  books  referred  to 
herein.  Then  have  the  pupils  enter  these  numbers  in 
their  own  books  after  each  title  in  the  reference  lists. 
In  this  way  the  use  of  the  hbrary  will  be  facilitated,  and 
the  library  and  the  school  will  be  brought  into  closer 
cooperation. 

In  the  reference  lists  that  follow,  books  are  arranged 
so  far  as  possible  in  the  order  of  their  adaptability  to 
the  use  of  high  school  pupils.  In  the  specific  references, 
Roman  numerals  following  the  title  indicate  the  volume ; 
chapters  or  sections  are  designated  by  Roman  numerals, 
lower  case ;  pages  are  indicated  by  Arabic  numerals. 

If  your  public  library  is  not  a  depository  of  govern- 
ment publications,  a  little  interest  in  this  direction  will  be ' 
amply  repaid  in  the  acquisition  of  valuable  material  from 
both  state  and  national  documents.  Congressmen  and 
officials  generally  are  glad  to  respond  to  requests  from 
the  schools.  Constant  effort  is  the  price  of  progress  in 
teaching,  as  it  is  everywhere. 

Frederick  H.  Clark. 

San  Francisco,  California,  June,  1899. 


CONTENTS 

Introduction  by  Dr.  George  Elliott  Howard,  pack 

Professor  of  History  in  Stanford  University    .        .        .        v 

Suggestions  for  Use ix 

PART  I 

SURVEY  OF  THE  UNITED  STATES  IN  HISTORICAL 
ORIGIN  AND  TERRITORIAL  GROWTH  BY  MEANS  OF 
TOPICS  AND  REFERENCES 

CHAPTER  I 

Region  and  Circumstances  of  Early  Settlement 

1.  Maps 2 

2.  Brief  accounts  of  early  settlements 2 

3.  Extended  histories  of  the  colonies 3 

4.  Elements  of  colonial  population 4 

CHAPTER  II 
Lines  of  Growth  in  Colonial  Times 

1.  Territory 4 

2.  Industry  and  trade     ........  5 

3.  Culture  and  social  progress         ......  6 

4.  Political  institutions 7 

CHAPTER  III 

Formation  of  the  Union 

I.   Instances  of  union  and  common  action    ....        9 

xi 


xii  CONTENTS 

rAGB 

2.  Plans  of  union 1 1 

3.  Obstacles  in  the  way  of  union 15 

4.  English  legislation  after  1763  and  its  political  effects  in 

America 16 

5.  Principles  of  the  Revolution 19 

6.  Independence  and  Union 23 

7.  The  Articles  of  Confederation  and  the  history  of  the 

period 24 


PART   II 

THE  NATIONAL   GOVERNMENT 
CHAPTER  IV 

The  Nation  and  its  Federal  Constitution 


I.  The  nation  and  the  states,  Bryce,  ch.  I 


II 


2.  The  origin  of  the  Constitution,  Bryce,  ch, 

3.  The  constitutional  convention 

4.  Study  of  the  Constitution 

5.  Ratification  of  the  Constitution 

6.  Nature  of  the  federal  government,  Bryce,  ch.  Ill 

7.  Territorial  growth  of  the  United  States  and 

states,  Bryce,  chs.  XXXIV  and  LVIII 

8.  The  land  system  of  the  United  States 

9.  The  territorial  system,  Bryce,  ch.  XLVI  . 
10.  Present  unifying  forces    .... 


increase  of 


33 

33 

34 

yi 

42 
46 

47 
50 
52 
53 


CHAPJER  V 
The  Executive  Department 

1.  The  President,  Bryce,  ch.  IV 55 

2.  Presidential  powers  and  duties,  Bryce,  ch.  V    .        .        •       56 

3.  Observations  on  the  presidency,  Bryce,  ch.  VI         .        •      59 


CONTENTS  xiii 

PAGB 

4.  Why  great  men  are  not  chosen,  Bryce,  ch.  VII  .  ,      59 

5.  The  Cabinet,  Bryce,  ch.  VIII     .        .        ...        .  .60 

6.  Organization  and  work  of  the  executive  departments  .      61 

7.  Topics  for  original  investigation         •        •        •        •  .      72 


CHAPTER  VI 
The  Legislative  Department 

1.  The  Senate,  Bryce,  chs.  IX-XI 75 

2.  The  House  of  Representatives,  Bryce,  chs.  XII,  XIII        .  77 

3.  Congressional  powers  and  methods,  Bryce,  chs.  XIV-XVIII  82 

4.  Illustrations  of  United  States  legislation    ....  84 

CHAPTER  VII 
The  Legislature  and  the  ExEomvE 

1.  The  President  and  Congress,  Bryce,  chs.  XIX,  XX   .        •      86 

2.  The  English  ministerial  system 87 

CHAPTER  VIII 
The  Judicial  Department 

1.  The  Federal  Courts,  Bryce,  ch.  XXI 88 

2.  The  courts  and  the  Constitution,  Bryce,  ch.  XXII     •        .  90 

3.  The  working  of  the  courts,  Bryce,  ch.  XXIII     ...  90 

4.  Noted  federal  decisions 91 

CHAPTER  IX 

The  Federal  System 

1,  Comparison  of  the  American  and  English  systems,  Bryce, 

ch.  XXIV 95 

2.  The  United  States  federal  system,  Bryce,  chs.  XXV,  XXVI      95 


xiv  CONTENTS 

PAGB 

3.  Working  relations  of  the  national  and  state  governments, 

Bryce,  ch.  XXVII 97 

4.  Defects  and  merits  of  federalism,  Bryce,  chs.  XXVIII, 

XXIX 98 

5.  References  on  other  federal  states 99 

CHAPTER  X 
Development  of  the  Constitution 

1.  Amendment  of  the  Constitution,  Bryce,  ch.  XXX       .        .      99 

2.  Development  of  the  Constitution  and  its  results,  Bryce, 

chs.  XXXI-XXXIII 100 


PART  III 

THE  STATE   GOVERNMENTS 

CHAPTER  XI 
The  State  and  its  Constitution 

1.  Nature  of  the  American  state,  Bryce,  ch.  XXXIV     .        .     105 

2.  History  of  California 106 

3.  Organization  of  the  states,  Bryce,  chs.  XXXV-XXXVI     .     114 

4.  Constitution  of  California.     References      .         .         .         .117 

5.  The  Constitution  and  the  people,  Bryce,  chs.  XXXVII, 

XXXVIII 117 

6.  History  of  various  states.     References       .        .        .        .119 

CHAPTER  XII 

The  State  Legislature 

1.  State  governments:  The  legislature,  Bryce,  ch.  XXXIX   .     120 

2.  Constitution  of  California,  arts.  Ill,  IV      .         .         .         .121 

3.  Practical  questions  on  the  legislature         .        •        .        .123 


CONTENTS  XV 

CHAPTER  XIII 

The  State  Executive 

PAGE 

1.  The  state  executive,  Bryce,  ch.  XL 125 

2.  Constitution  of  California,  arts.  V,  VII-X,  XII,  XIII        .     125 

3.  Practical  questions  on  the  executive  ,        .        .        .        .126 

4.  Duties  of  executive  officers        .        .        ,        ,        •        ,129 

CHAPTER  XIV 
The  State  Judiciary 

1.  The  state  judiciary,  Bryce,  ch.  XLI   .        .        .        •        .     138 

2.  Constitution  of  California,  art.  VI      .        .        .        •        .139 

3.  Practical  questions  on  the  California  judiciary  •        •        •     139 

CHAPTER  XV 

State  Politics 

1.  State  finance,  Bryce,  ch.  XLII 140 

2.  The  working  of  state  governments,  Bryce,  ch.  XLIII        .     142 

3.  Remedies  for  the  faults  of  state  governments,  Bryce,  ch. 

XLIV 143 

4.  State  politics,  Bryce,  ch.  XLV  .•••..    144 


PART  IV 
LOCAL  INSTITUTIONS 

CHAPTER  XVI 

The  General  System 

1.  Local  government,  Bryce,  ch.  XLVII        ....     146 

2.  Observations  on  local  government,  Bryce,  ch.  XLVIII      .     147 


Xvi  CONTENTS 

CHAPTER  XVII 

The  County 

PAGE 

1.  Counties  of  California,  1 896-1 898      .....     148 

2.  Government  of  the  county 150 

3.  History  and  description  of  county  government  .        .        •177 

CHAPTER  XVIII 
The  Township  and  its  Modifications 

1.  The  New  England  town  and  its  history      .        •        .        .178 

2.  The  California  school  district 186 

3.  The  township  in  California 189 

CHAPTER  XIX 
Municipalities 

1.  General  form  of  city  government,  Bryce,  chs.  XLIX-LI    .  193 

2.  History  of  municipal  government 195 

3.  City  government  in  California 196 

4.  The  govermnent  of  San  Francisco 199 


PART  V 

HISTORY  AND  POLITICS 
CHAPTER  XX 

History  of  Political  Parties 

1.  Political  parties  and  their  history,  Bryce,  ch.  LII       .        .     204 

2.  References  on  the  history  of  political  parties,  together  with 

some  of  the  great  questions  that  have  divided  them      .     205 


CONTENTS  xvii 

PAGE 

I.   Political  parties  to  1830       .                 ...  205 

II.   Interpretation  of  the  Constitution        .         .        .  208 

III.  Alien   and   sedition   acts  and  the  Virginia  and 

Kentucky  Resolutions 211 

IV.  Tariff  and  nullification,  1 828-1 832       .         .        .212 
V.  The  Webster-Hayne  debate,  January,  1830          .  214 

VI.  Topics  discussed  in  Webster's  speech  of  January 

26,  1830 215 

VII.   Foreign  policy 218 

VIII.   Political  parties  from  Jackson  to  the  Civil  War  .  221 

IX.   United  States  banks 224 

X.  Tariff  legislation  to  i860     .        .        .        .        .  225 

XI.   Revenue  system,  1 789-1860         ....  227 

XII.   Slavery 228 

XIII.  Political  parties  since  the  Civil  War    .        .        .  234 

XIV.  The  war  tariffs  and  recent  changes      .        .        .  235 
XV.   Revenue  system  since  the  Civil  War   .        .        .  236 

XVI.   Legal-tender  legislation 237 

XVII.   Coinage  legislation      ..••..  238 

XVIII.   Commerce 239 

XIX.  The  army  and  national  defence   ....  239 

XX.  The  navy,  old  and  new 239 


CHAPTER  XXI 
Nominating  Conventions,  Bryce,  chs.  UII,  LIV        .       ,    240 

CHAPTER  XXII 
Public  Opinion,  Bryce,  chs.  LV-LVII         •       •       •       .241 

INDEX 243 


PART   I 

SURVEY  OF  THE  UNITED  STATES  IN 
HISTORICAL  ORIGIN 

(The  work  indicated  in  the  three  chapters  of  Part  I  may  be  intro- 
duced into  the  course  in  United  States  History,  or  may  be  used  for 
a  history  review  after  the  study  of  the  government  in  Bryce's  Ameri- 
can Commonwealth.) 

Topics  for  individual  or  class  study  with  library  refer- 
ences and  some  documentary  material.  In  addition  to 
the  references  given,  see  also  throughout 

School  Histories  of  the  United  States, 

and  for  further  bibhographies  : 

Channing  and  Hart.     Guide  to  American  history. 
Channing.     Students'  history  of  the  United  States. 
Gordy  and  Twitchell.    Pathfinder  in  American  history. 
Thwaites.     Colonies,  Notes  at  heads  of  chapters. 
Hart.     Formation  of  the  union,  Notes  at   heads  of 
chapters. 

Fisher.     Colonial  era,  App. 

Davidson.     Reference  history  of  the  United  States. 

Winsor.     Narrative  and  critical  history  of  America. 


CHAPTER   I 

THE   REGION  AND   CIRCUMSTANCES  OF  EARLY 
SETTLEMENT 

Physical  geography  of  the  eastern  side  of  the  conti- 
nent ;  natural  entrances ;  harbors ;  facts  in  regard  to  soil, 
climate,  and  vegetation ;  motives  of  settlers  j  their  plans, 
mistakes,  and  successes. 

B  I 


THE  REGION  AND   CIRCUMSTANCES 


1.   Maps 

MacCoun.     Historical  geography  of  the  United  States. 
Hart.     Epoch  maps  illustrating  American  history. 
Thwaites.     Colonies.     (Epochs  of  American  history.) 
Maps, 

Labberton.    New  historical  atlas  —  American  history. 
Hinsdale.    Old  northwest,  Maps  iv-ix. 
Channing.    Students'  history  of  the  United  States. 

See  also  section  2,  below. 

2.  Brief  Accounts  of  Early  Settlements 

(Channing  and  Hart.    Guide.    \\  97-123.) 

Thwaites.    Colonies,  chs.  i,  iii,  iv,  vi,  ix. 

Fisher.     Colonial  era,  chs.  i,  iv-x.     Maps. 

Ludlow.  War  of  American  independence,  22-54. 
Maps. 

Doyle.    United  States,  chs.  iii-vi,  x-xiv.    Maps. 

Andrews.    United  States,  1 :  31-61,  103-109.     Maps. 

Channing.  Students'  history  of  the  United  States, 
chs.  ii,  iii. 

Hinsdale.  Old  northwest,  chs.  vi,  vii  (record  of  land 
grants) . 

Smith.     Romance  of  colonization,  chs.  ix-xiii. 

Willoughby.     Government  of  the  United  States,  ch.  iv. 

Elliot.     Debates,  1 :  22-42. 

Hart.  American  history  told  by  contemporaries,  I: 
pts.  iii-vi  (sources). 

Toner.  Colonies  of  North  America.  (In  Report 
American  Historical  Association,  1895  :  558-592.) 


OF  EARLY  SETTLEMENT  3 

See  also  histories  of  particular  states,  as  the  following 
of  the  American  Commonwealth  Series. 

Cooke.     Virginia,  pt.  i. 

Browne.     Maryland,  chs.  i-iv  (proprietary  rule). 
Johnston.     Connecticut,   chs.    i-ix    (charter  govern- 
ment) . 
Roberts.    New  York,  vol.  I  (Dutch  settlement). 

Other  Special  Works 

Fiske.     Old  Virginia  and  her  neighbors. 
Fisher.     Making  of  Pennsylvania. 
Lowell  Institute  lectures.    Massachusetts  and  its  early 
history. 

Northend.    The  Bay  colony. 

Fiske.     Beginnings  of  New  England. 

Drake.     Making  of  New  England. 

Arber.     Story  of  the  Pilgrim  Fathers,  esp.  399,  etc. 

Goodwin.     Pilgrim  republic. 

For  reprints  of  colonial  charters  see  : 

Preston.     Documents  illustrative  of  American  history. 

Poore.     Charters  and  constitutions. 

Porter.    United  States  constitutional  history. 

3.  Extended  Histories  of  the  ColonleB 

Eggleston.     Beginners  of  a  nation. 
Lodge.     English  colonies  in  America. 
Doyle.     British  colonies  in  America. 
Winsor.    America^   III :    chs.  v,  viii-xiii ;    IV :    chs. 
viii,  ix. 


4  LINES  OF  GROWTH 

Bancroft.     United  States.     Last  revision,  vol.  I. 
Hildreth.     United  States,  vols.  I,  II. 
Grahame.    Colonial  history,  of  the  United  States,  vol.  I. 
Bryant  and  Gay.     Popular  history,  I :  chs.  xi-xxi. 

4.  Elements  of  Colonial  Population 

(Channing  and  Hart.    Guide.    \  145.) 

The  various  European  nationalities  represented  in 
American  settlement ;  numbers  of  immigrants  and  distri- 
bution along  the  Atlantic  seaboard. 

Lodge.     English  colonies  in  America. 

Channing.    United  States,  1-20. 

Montgomery.     Student's  American  history,  143-145. 

Thwaites.     Colonies,  chs.  v,  viii,  x. 

Sloane.     French  war  and  the  revolution,  9,  15-19. 

Hart.     Formation  of  the  union,  3-5. 

Andrews.    United  States,  1 :  123-125. 

Fisher.     Making  of  Pennsylvania. 

Fiske.    Old  Virginia  and  her  neighbors. 


CHAPTER   II 
LINES  OF  GROWTH   IN  COLONIAL  TIMES 

(See  also  Extended  Works,  under  Chapter  I ;  and  Channing  and  Hart 
Guide.    \\  99,  108,  130.) 

1.   Territory 

See  maps  as  above.  Chapter  I,  section  i. 

Thwaites.     Colonies,  282-284. 

Sloane.     French  war  and  the  revolution,  ch.  ill. 


IN  COLONIAL    TIMES  5 

Channing.    Students '  history  of  the  United  States,  ch.  iv. 
Hart.     Formation  of  the  union,  2-3,  34-3  7. 
Hinsdale.     Old  northwest,  esp.  chs.  v,  viii. 
Parkman.     Montcalm  and  Wolfe,  II :  20-35. 
Winsor.     Mississippi  basin,  ch.  viii,  etc. 
Roosevelt.     Winning  of  the  West,  I  (i  769-1776). 
Fiske.     Old  Virginia  and  her  neighbors,  I :  ch.  xvii. 
Maps, 

2.   Industry  and  Trade 

Sheldon-Barnes.     American  history,  125-130. 
Thwaites.     Colonies,  passim. 
Hart.     Formation  of  the  union,  18-19. 
Andrews.     United  States,  1 :  131. 
Montgomery.     Student's  American  history,  150-153. 
Lecky.     England  in  the  eighteenth  century,  II :  8-21. 
Grahame.     Colonial  history,  II :  90-108,  336-346. 
Pitkin.     United  States,  1 :  93-106. 
Scott.     Constitutional  liberty,  ch.  viii. 
Hart.    American  history  told  by  contemporaries,  pts. 
ii,  iv  (sources) . 

Extended  Works 

Weeden.  Economic  and  social  history  of  New  Eng- 
land.    2  vols. 

Bruce.     Economic  history  of  Virginia.     2  vols. 

Beer.  The  commercial  policy  of  England  toward  the 
American  colonies.  (In  Columbia  College  Studies,  III ; 
No.  2.) 

Lord.  Industrial  experiments  in  the  British  colonies 
of  North  America.  (Johns  Hopkins  University  Studies, 
extra  vol.  XVII.) 


6  LINES   OF  GROWTH 

3.   Culture  and  Social  Progress 

(Channing  and  Hart.     Guide.     \  148.) 

Fisher.     Colonial  era,  ch.  xxi  (literature). 

Thwaites.     Colonies,  passim. 

Lodge.     English  colonies  in  America. 

Fiske.     Old  Virginia  and  her  neighbors,  II :  ch.  xiv. 

Hart.     Formation  of  the  union,  17-18. 

Channing.     United  States,  21-24. 

Channing.     Students'   history  of  the   United    States, 

143-147. 

Weeden.  Economic  and  social  history  of  New  Eng- 
land, II :  chs.  xiv,  xv,  parts. 

Scott.     Constitutional  liberty,  chs.  v-vii. 

McMaster.     People  of  the  United  States,  I :  ch.  i. 

Montgomery.     Student's  American  history,  153-160. 

Andrews.     United  States,  1 :   125-135. 

Bancroft.    United  States.    Last  revision,  II :  389-407. 

Hart.  American  history  told  by  contemporaries,  II : 
pts.  ii,  iv  (sources). 

Special  Topics 

Earle.     Sabbath  in  Puritan  New  England. 
Earle.     Customs  and  fashions  in  old  New  England. 
Earle.     Colonial  days  in  old  New  York. 
Earle.     Curious  punishments  of  bygone  days. 
Earle.     Diary  of  Anna  Green  Winslow. 
Earle.     Margaret  Winthrop. 
Hallowell.     Quaker  invasion  of  Massachusetts. 
Ellis.     Puritan  age  in  Massachusetts. 
Scudder.     Men  and  manners  in  America  a  hundred 
years  ago. 


IN  COLONIAL    TIMES  •  7 

Bliss.     Quaint  Nantucket. 

Bliss.     Colonial  times  on  Buzzard's  Bay. 

Bliss.    Side  glimpses  from  the  colonial  meeting-house. 

See  also  lists  in  Channing,  Students'  history  of  the 
United  States,  pp.  58  and  103,  under  "Illustrative 
material." 

Sheldon- Barnes.  American  history  (supplementary 
reading  lists). 

4.   Political  Institutions 

(Channing  and  Hart.    Guide.    §  147.) 

Channing.    United  States,  26-40. 

Channing.  Students'  history  of  the  United  States,  chs. 
ii,  \\\y  passim. 

Hart.     Formation  of  the  union,  5-1 7. 

Fisher.     Evolution  of  the  constitution,  chs.  ii,  iii. 

Crane  and  Moses.     Politics,  chs.  viii,  ix. 

Hinsdale.     American  government,  ch.  ii. 

Stevens.     Sources  of  the  constitution,  chs.  i,  iv. 

Schouler.     Constitutional  studies,  9-28. 

Morris.  Half-hours  with  American  history,  1 :  380- 
396. 

Frothingham.     Rise  of  the  republic,  13-28. 

Smith,  Goldwin.     United  States,  ch.  i. 

Lecky.     England  in  the  eighteenth  century,  II :  1-8. 

Wilson.    The  state,  449-469. 

Special  Topics 

Bishop.  History  of  elections  in  the  American  colonies. 
(In  Columbia  College  Studies,  III :  No.  i.) 


8  LINES  OF  GROWTH  IN  COLONIAL    TIMES 

Morey.  Genesis  of  a  written  constitution.  (In  Annals 
of  American  Academy,  1 :  529-557.) 

Osgood.  Classification  of  American  colonial  govern- 
ments.    (In  Report  Amer.  Hist.  Assn.,  1895  :  615-627.) 

Hazeltine.  Appeals  from  colonial  courts.  (In  Report 
Amer.  Hist.  Assn.,  1894  :  299-350.) 

Hart.  American  history  told  by  contemporaries,  II ; 
pt.  iii. 

Poore.  Charters  and  constitutions  (copies  of  charters 
and  grants) . 

Gather  the  results  of  the  foregoing  studies  of  Chapters 
I  and  II  together  in  a  written  paper  in  the  following  form  : 

TOPICAL  REVIEW 

Beginnings  of  the  American  People 

Write  briefly  but  comprehensively  upon  each  of  the 
following  topics : 

1.  The  regions  of  early  settlement. 

2.  Elements  of  early  population. 

3.  The  Hnes  of  territorial  extension.  • 

4.  Growth  in  industries  and  wealth. 

5.  Culture  and  social  progress. 

6.  PoHtical  institutions. 

a.  Of  local  government  (towns  and  counties). 

b.  The  colonial  governments  (general  form). 

Subjects  for  Essay  Work 

1.  Colonial  life  as  a  preparation  for  self-government. 

2.  The  value  of  the  charters. 

3.  English  and  French  colonization  compared. 


FORMATION  OF  THE   UNION  9 

CHAPTER   III 
FORMATION   OF   THE  UNION 

1.  Instances  of  Union  and  Common  Action 

Frothingham.     Rise  of  the  republic,  esp.  chs.  ill,  iv. 
Hinsdale.     American  government,  69-71. 

See  also  narrative  histories  referred  to  in  Chapter  II, 
particularly  for  the  record  of  colonial  wars ;  and, 
Bryant  and  Gay.     Popular  history,  vols.  I  and  II. 
Hildreth.     United  States,  vol.  11. 
Bancroft.     United  States.     Last  revision,  vols.  II,  III. 

The  New  England  Confederation 

This  was  formed  in  1643  ^7  ^^  colonies  of  Massachu- 
setts, Plymouth,  Connecticut,  and  New  Haven  in  accord- 
ance with  written  articles  drawn  up  by  committees  which 
met  in  Boston.     The  text  of  the  articles  is  printed  in, 

American  history  leaflets,  No.  7. 

Hinsdale.     American  government,  424-430. 

Preston.     Documents,  87-95. 

The  title  is  "The  Articles  of  Confederation  between 
the  Plantations  under  the  Government  of  the  Massachu- 
setts; the  Plantations  under  the  Government  of  New 
Plymouth,  the  Plantations  under  the  Government  of 
Connecticut,  and  the  Government  of  New  Haven  with  the 
Plantations  in  Combination  therewith."  These  parties 
"jointly  and  severally  do  by  these  presents  agree  and 
conclude  that  they  all  be  and  henceforth  be  called  by 
the  name  of  the  United  Colonies  of  New  England." 
The  organization  of  the  confederation  is  determined  in 


lO  FORMATION  OF  THE    UNION 

article  6,  as  follows :  "  It  is  also  agreed,  that  for  the 
managing  and  concluding  of  all  affairs  proper,  and  con- 
cerning the  whole  Confederation,  two  Commissioners 
shall  be  chosen  by  and  out  of  each  of  these  four  Juris- 
dictions :  namely,  two  for  the  Massachusetts,  two  for 
Plymouth,  two  for  Connecticut,  and  two  for  New  Haven, 
being  all  in  Church-fellowship  with  us,  which  shall  bring 
full  power  from  their  several  General  Courts  respectively 
to  hear,  examine,  weigh,  and  determine  all  affairs  of  our 
war,  or  peace,  leagues,  aids,  charges,  and  numbers  of  men 
for  war,  division  of  spoils  and  whatsoever  is  gotten  by 
conquest,  receiving  of  more  Confederates  for  Plantations 
into  combination  with  any  of  the  Confederates,  and  all 
things  of  hke  nature,  which  are  the  proper  concomitants 
or  consequents  of  such  a  Confederation  for  amity,  offence, 
and  defence  :  not  intermeddUng  with  the  government  of 
any  of  the  Jurisdictions,  which  by  the  third  article  is  pre- 
served entirely  to  themselves."^  Full  provision  is  made 
for  meetings  at  least  once  a  year  on  the  first  Thursday  in 
September,  in  rotation  at  Boston  twice,  Hartford,  New 
Haven,  and  Plymouth,  and  for  the  transaction  of  business. 
The  Confederation  lasted  till  1684.  "The  Acts  of  Com- 
missioners of  the  United  Colonies  of  New  England  "  may 
be  found  in  Records  of  the  Colony  of  New  Plymouth, 
vols.  IX,  X. 

References  on  the  New  England  Confederation 

(Channing  and  Hart.    Guide.    §  124.) 

Frothingham.     Rise  of  the  republic,  ch.  ii. 
Hildreth.     United  States,  1 :  285-288. 

1  Spelling  has  been  modernized. 


FORMATION  OF   THE    UNION  II 

Hinsdale.     American  government,  424-430. 
Bancroft.     United  States.     Last  revision,  I ;  289-300. 
Channing.   Students'  history  of  the  United  States,  92-95. 
Fiske.     Beginnings  of  New  England,  ch.  iv. 

Questions. — What  spirit  is  shown  in  the  Confederation? 
Why  was  it  not  likely  to  be  permanent?  What  is  its  his- 
torical significance?  What  right  did  the  colonies  have  to 
enter  it? 

2.   Plans  of  Union,  1643-1760 

List  of  Plans 

(From  Carson.  One  Hundredth  Anniversary  of  the  Constitution, 
11:439.) 

1643.   New  England  confederation. 

1660.  Charles  II  created  a  Council  for  Foreign  Planta- 
tions. 

1667.  Maryland  invited  Virginia  to  join  with  herself  and 
New  York  in  a  treaty  with  the  Seneca  Indians, 
and  in  August  a  conference  was  held  at  Albany. 

1682.  Culpepper,  governor  of  Virginia,  proposed  that  no 
colony  should  make  war  without  the  concur- 
rence of  Virginia,  and  eight  or  ten  years  later 
Governor  Nicholson  advocated  a  federation. 

1684.  Conference  at  Albany  with  the  Five  Nations, 
attended  by  delegates  from  Virginia,  Mary- 
land, New  York,  and  Massachusetts. 

1685-8.  James  II  tried  to  annul  all  charters  and  bring 
all  colonies  between  the  Delaware  and  the  St. 
Lawrence  under  the  government  of  a  council 
and  Andros  as  captain-general. 

1689.  Proposed  in  New  England  to  renew  the  confeder- 
ation of  1643. 


12  FORMATION  OF  THE    UNION 

1690.  Massacre  of  Schenectady  prompted  the  General 
Court  of  Massachusetts  to  invite  New  York, 
Virginia,  Maryland,  and  all  parts  adjacent  to 
Connecticut  and  New  York  to  meet  in  a  con- 
ference at  New  York.  Meeting  was  held,  and 
it  was  agreed  to  raise  troops. 

1693.  Governor  Fletcher  of  New  York,  by  order  of  the 

king,  called  a  conference  ot  the  colonies  at  New 
York.     Small  attendance  and  nothing  done. 

1694.  Number  of  troops  settled  by  the  Enghsh  govern- 

ment and  Fletcher  made  commander. 

1696/7.  Feb.  8.  Unsatisfactory  colonial  relations 
prompted  William  Penn  to  present  plan  of 
union  to  the  Lords  of  Trade. 

1696/7.  Feb.  25.  Lords  of  Trade  (or  Board  of  Trade) 
presented  plan  of  union  to  the  king,  and  the 
king  appointed  Richard,  earl  of  Bellomont,  cap- 
tain-general and  governor  of  New  York  and  ter- 
ritories depending  thereon  in  America. 

1698.   Plan  of  union  submitted  by  Charles  d'Avenant. 

1 70 1.  Plans  of  Penn  and  d'Avenant  criticised  by  a  Vir- 
ginian, who  also  published  a  plan  of  his  own. 

1 701.  Robert  Livingstone  of  New  York  submitted  a  plan 
to  the  Lords  Of  Trade. 

1 72 1,  Earl  of  Stairs  proposed  a  plan  for  better  govern- 
ment over  "  all  the  continent  of  West  Indies." 

1 72 1.  Lords  of  Trade  submitted  a  plan  on  colonial  affairs. 

1722.  Daniel  Coxe  of  New  York  published  a  plan  in  "A 

Description  of  the  EngHsh  Provinces  of  Caro- 
lina." 
1 75 1.   Archibald  Kennedy  proposed  a  yearly  meeting  of 
commissioners  for  dealing  with  Indian  affairs. 


FORMATION  OF  THE    UNION  1 3 

1754.  Franklin's  plan  offered  at  Albany  conference. 
Franklin  says  that  other  plans  were  offered. 
Franklin's  plan  was  submitted  to  a  committee 
of  the  Massachusetts  Assembly  and  to  the  Lords 
of  Trade. 

1 760.  Dr.  Samuel  Johnson,  president  of  King's  College, 
New  York,  sent  suggestions  to  the  Archbishop 
of  Canterbury,  which  were  printed  in  the  Lon- 
don Magazine. 

References  on  Plans 

American  history  leaflets.  No.  14. 
Frothingham.     Rise  of  the  republic. 
Fisher.     Evolution  of  the  constitution,  chs.  vi,  vii. 
Bancroft.     Formation  of  the  constitution,  1 :  6-10. 
Hart.     Formation  of  the  union,  28-30. 
Channing.     United  States,  38-39. 
Schouler.     Constitutional  studies,  70-78. 
Hinsdale.     American  government,  69-72. 

Questions.  —  What  is  the  longest  period  of  years  without  a 
record  of  some  plan  of  union?  What  is  the  significance  of 
the  large  number  of  plans  ?  Was  the  need  of  union  recognized 
in  England  as  well  as  in  America?  What  seem  to  be  the 
most  prominent  of  the  motives  for  colonial  union  ?  Would  a 
general  government  have  been  an  advantage? 

Penn's  Plan  of  Union 

This  provided  for  a  congress,  composed  of  two  dele- 
gates from  each  colony,  to  meet  at  least  once  in  two 
years  in  the  most  central  place.  A  King's  commissioner 
was  to  preside,  who,  in  case  of  war,  was  to  be  com- 
mander-in-chief.    The  congress  was  to  settle  all  com- 


14  FORMATION  OF  THE    UNION 

plaints  between  province  and  province,  prevent  injuries 
to  commerce,  and  consider  ways  and  means  for  the 
support  of  the  union  and  safety  of  the  provinces. 

Text  of  Penn's  Plan 

Hinsdale.     American  government,  431-432. 
Preston.     Documents,  146-147. 
American  history  leaflets.  No.  14. 

References  on  Penn's  Plan 

Frothingham.     Rise  of  the  republic,  no. 

Bancroft.     United  States.     Last  revision,  II :  74-75. 

Hildreth.    United  States,  II :  198. 

Franklin's  Plan  of  Union 

This  provided  for  a  general  government  by  a  president- 
general,  appointed  by  the  Crown,  and  a  grand  council 
of  48  members,  appointed  among  the  colonies  in  num- 
bers from  2  to  7,  and  chosen  by  the  colonial  legislatures. 
The  council  was  to  meet  annually  at  some  central  place, 
as  Philadelphia.  The  council  and  the  president-general 
were  to  have  power  to  make  treaties  with  the  Indians,  to 
regulate  trade  with  them,  to  buy  land  of  them  and  con- 
trol new  settlements,  to  raise  and  equip  soldiers,  build 
forts,  and  equip  vessels  for  coast  and  river  guard,  to  levy 
taxes,  and  to  make  all  necessary  laws  for  these  purposes. 
All  laws  were  to  be  as  agreeable  as  might  be  to  the  laws 
of  England,  and  were  to  be  sent  to  the  King  in  Council 
for  approbation. 


FORMATION  OF  THE   UNION  1 5 

Text  of  Franklin's  Plan* 

Preston.     Documents,  1 71-187. 
Hinsdale.     American  government,  433-437. 
Sparks.     Franklin's  writings,  IV  :  200. 
Sparks.     Life  of  Franklin,  ch.  x. 
Bigelow.    Works  of  Franklin,  II :  355. 
Old  South  leaflets.  No.  9. 
American  history  leaflets,  No.  14. 

Description  of  Franklin's  Plan 

Bancroft.    United  States.     Last  revision,  II :  387,  388. 
Hildreth.     United  States,  II :  443. 
Frothingham.     Rise  of  the  republic,  136. 
Bryant  and  Gay.     United  States,  III :  261. 

Questions.  —  What  points  are  similar  in  Penn's  plan  and 
Franklin's?  In  what  points  is  Franklin's  plan  the  more  per- 
fect? Was  Franklin's  plan  well  suited  to  the  needs  of  the 
time  ?  How  did  it  happen  that  it  was  submitted  to  a  confer- 
ence at  Albany?  The  location  of  Albany?  Why  was  the 
conference  held  at  Albany  ?  What  was  the  reception  of  the 
Albany  plan  among  the  colonies  ?  in  England  ?  Was  a  colo- 
nial union  practicable  under  English  auspices  ? 


3.   Obstacles  in  the  Way  of  XTnion 

Channing.     United  States,  24-25. 
Andrews.    United  States,  1 :  157-158. 

1  On  July  21,  1775,  Franklin  submitted  a  second  plan  of  union  for 
"  The  United  Colonies  of  North  America "  to  the  Congress  at  Phila- 
delphia, which  served  as  a  suggestion  for  the  Articles  of  Confederation. 
See  American  History  Leaflets,  No.  20,  for  the  text  of  this  plan ;  and 
Bancroft.    United  States,  IV :  243,  244,  for  a  summary. 


1 6  FORMATION  OF  THE    UNION 

Grahame.  Colonial  history  of  the  United  States, 
11:  347. 

4.   English  Legislation  after  1763,  and  its  Political 
Effects  in  America 

(Channing  and  Hart.    Guide.     §§  134,  135.) 

Brief  Accounts 

Hart.     Formation  of  the  union,  ch.  iii. 

Channing.     United  States,  ch.  ii. 

Channing.  Students'  history  of  the  United  States, 
ch.  iv. 

Hosmer.     Anglo-Saxon  freedom,  ch.  xiii. 

Sloane.     French  war  and  revolution,  chs.  x-xiv. 

Winsor.     America,  VI :  ch.  i. 

Morris.   Half-hours  with  American  history,  1 :  399-444. 

Bryant  and  Gay.     United  States,  III :  chs.  xiii,  xiv. 

Lodge.     English  colonies  in  America,  ch.  xxiii. 

Fiske.     Critical  period,  ch.  ii. 

Fiske.     American  revolution,  I :  ch.  i. 

Young.     American  statesmen,  ch.  ii. 

Willoughby.     Government  of  the  United  States,  ch.  v. 

Ludlow.     American  independence,  ch.  iii. 

Hart.  American  history  told  by  contemporaries,  II : 
chs.  xxi,  xxiii-xxv  (sources). 

American  history  leaflets.  No.  19  (Navigation  Acts)  ; 
No.  21  (The  Stamp  Act). 

Extended  Discussion 

Frothingham.  Rise  of  the  republic,  chs.  v-ix. 
Hildreth.  United  States,  II :  chs.  xxviii,  xxix. 
Bancroft.     United  States.     Last  revision,  vol.  III. 


FORMATION  OF  THE   UNION  I^ 

Hamilton.     United  States,  I :  chs.  i-iii. 
Scott.    Constitutional  liberty,  chs.  ix-xi. 
.  Pitkin.     United  States,  I :  chs.  vi-viii. 
Grahame.     Colonial  history,  II :  bk.  xi. 
Lecky.    England  in  the  eighteenth  century,  III ;  ch.  xii. 
Sparks.     Life  of  Franklin,  chs.  iv-viii. 
Force.     American    archives,   III   Series    (documents, 
both  English  and  American,  for  the  period,  1763-17  74). 

Questions.  —  What  was  the  purpose  of  the  English  legis- 
lation? Was  it  unfriendly  to  America?  Make  a  chronological 
outline  of  the  Acts  of  Parliament  touching  America,  1763- 
1775.  Also  one  of  the  measures  for  defence  on  the  part  of  the 
Americans. 

The  Non-Importation  Agreement 

The  Townshend  revenue  acts  of  1767  were  followed 
immediately  by  agreements  among  Americans  not  to 
import  or  purchase  merchandise  from  England.  The 
agreement  adopted  by  the  Boston  town-meeting  is  given 
as  follows  in  Sheldon-Barnes'  American  History,  139  : 

"  We  therefore  the  Subscribers,  ...  Do  promise  and 
engage  that  we  will  not  .  .  .  purchase  any  of  the  following 
Articles,  imported  from  Abroad,  viz. :  Loaf  Sugar,  .  .  . 
Coaches,  ,  .  .  Mens  and  Womens  Hatis,  and  Womens 
Apparel  ready  made,  Household  Furniture,  Gloves,  Mens 
and  Womens  Shoes,  Clocks  and  Watches,  Silversmiths 
and  Jewellers  ware.  Broad  Cloths  that  cost  above  los.  a 
Yard,  .  .  ,  all  Sorts  of  Millinery  Ware,  Fire  Engines, 
China  Ware,  Silk  and  Cotton  velvets,  Lawns,  Cambricks, 
Silks  of  all  Kinds  for  Garments,  Malt  Liquors,  and 
Cheeser 

This  popular  movement  of  non-importation  throughout 
c 


1 8  FORMATION  OF  THE    UNION 

the  colonies  culminated  in  a  formal  declaration  of  the 
Continental  Congress.  The  following  summary  is  taken 
from  Force,  American  archives,  IV  Series,  1 :  914-916: 

Plan  of  Association 

(For  carrying  into  effect  Non-importation,  signed  in  Congress 
October  20,  1774.) 

To  obtain  redress  for  grievances,  a  non-importation, 
non-consumption,  and  non- exportation  agreement,  faith- 
fully adhered  to,  will  prove  the  most  speedy,  effectual,  and 
peaceable  means. 

We  do  for  ourselves,  and  the  inhabitants  we  represent, 
firmly  agree  and  associate  as  follows  : 

1.  That  we  will  not  import  any  goods  into  British 
America  from  Great  Britain  or  Ireland  after  December  i 
next,  nor  any  East  India  tea  from  any  part  of  the  world ; 
nor  any  Molasses,  Syrups,  Paneles,  Coffee,  or  Pimento 
from  the  British  Plantations  or  Dominica;  nor  Wines 
from  Madeira  or  the  Western  Islands,  nor  Foreign 
Indigo. 

2.  Neither  import  nor  purchase  slaves. 

3.  A  non-consumption  agreement  not  to  purchase  any 
of  the  above  articles  if  imported. 

4.  A  non- exportation  agreement ;  but  in  order  not  to 
cause  undue  suffering,  the  time  of  taking  effect  is  extended 
to  September  10,  1775.  After  this  date  nothing  will  be 
exported  to  Great  Britain,  Ireland,  or  the  West  Indies. 
An  exception  is  made  of  Rice  to  Europe. 

5.  Merchants  will  give  proper  orders  to  agents  abroad. 

6.  Owners  of  vessels  will  give  proper  orders  to  their 
captains. 

7  and  8.   Home  industries  are  to  be  promoted. 


FORMATION  OF  THE   UNION  I9 

9.  Merchants  agree  not  to  take  advantage  of  scarcity 
to  raise  prices. 

Committees  in  every  County,  City,  and  Town  are  to 
observe  the  conduct  of  all  who  have  entered  this  Associa- 
tion, and  are  authorized  to  publish  the  names  of  those 
who  transgress. 

For  further  material  on  the  Non-importation  agree- 
ments consult  the  references  given  above  in  this  section. 

Questions. —  i.  Was  non-importation  a  powerful  weapon? 
2.  Did  it  produce  the  effects  expected?  3.  What  is  the 
political  importance  of  this  agreement?  4.  What  place 
would  you  give  to  it  in  the  formation  of  the  Union? 

5.   Principles  of  the  Revolution 

(Selection  from  the  Declaration  of  Rights  of  the  "  Stamp  Act  Congress  " 
at  New  York,  1765.) 

The  Congress  upon  mature  deliberation  agreed  to  the 
following  declarations  :  That  His  Majesty's  liege  subjects, 
in  these  colonies,  are  entitled  to  all  the  inherent  rights 
and  liberties  of  his  natural  bom  subjects  within  the  king- 
dom of  Great  Britain ;  that  it  is  inseparably  essential  to 
the  freedom  of  a  people  and  the  undoubted  right  of 
Englishmen,  that  no  taxes  be  imposed  on  them,  but  with 
their  own  consent,  gwen  personally,  or  by  their  represent- 
atives ;  that  the  only  representatives  of  the  people  of  these 
colonies  are  persons  chosen  therein  by  themselves ;  that 
trial  by  jury  is  the  inherent  and  invaluable  right  of  every 
British  subject  in  these  colonies ;  that  the  restriction  im- 
posed by  the  several  late  acts  of  ParHament  on  the  trade 
of  these  colonies  will  render  them  unable  to  purchase  the 
manufactures  of  Great  Britain. 


20  FORMATION  OF  THE    UNION 


Full  Text  of  Above  Declaration 

Preston.     Documents,  1 89-1 91. 

Hinsdale.    American  government,  438-439. 

(Selections  from  the  Declaration  of  Rights  of  the  Continental  Congress 
at  Philadelphia,  1774.) 

Whereas,  since  the  close  of  the  last  war,  the  British 
parliament  claiming  a  power  of  right,  to  bind  the  people 
of  America  by  statutes  in  all  cases  whatsoever,  hath,  in 
some  cases  expressly  imposed  taxes  on  them,  and  in 
others,  under  various  pretences,  but  in  fact  for  the  pur- 
pose of  raising  a  revenue,  hath  imposed  rates  and  duties 
payable  in  these  colonies,  estabhshed  a  board  of  commis- 
sioners, with  unconstitutional  powers,  and  extended  the 
jurisdiction  of  courts  of  admiralty,  not  only  for  collecting 
the  said  duties,  but  for  the  trial  of  causes  merely  arising 
within  the  body  of  a  county ;  and  whereas  judges  have 
been  made  dependent  on  the  crown  alone  for  their  sala- 
ries, and  standing  armies  kept  in  time  of  peace;  and 
whereas  it  has  lately  been  resolved  in  parliament  that 
colonists  may  be  transported  to  England,  and  tried  there 
upon  accusations  for  treasons,  and  such  trials  have  been 
directed ;  and  whereas  in  the  last  session  of  parliament 
three  statutes  were  made,  all  which  statutes  are  impolitic, 
unjust,  and  cruel,  as  well  as  unconstitutional,  and  most 
dangerous  and  destructive  of  American  rights;  and 
whereas  assemblies  have  been  frequently  dissolved,  con- 
trary to  the  rights  of  the  people,  and  their  dutiful,  humble, 
loyal,  and  reasonable  petitions  have  been  repeatedly 
treated  with  contempt  by  his  majesty's  ministers  of 
state: 


FORMATION  OF  THE    UNION  21 

The  good  people  of  the  several  colonies  have  severally 
elected  deputies  to  meet  in  General  Congress  in  the  city 
of  Philadelphia.  Whereupon  the  deputies  so  appointed 
being  now  assembled,  in  a  full  and  free  representation  of 
these  colonies,  do  as  Englishmen  their  ancestors  in  like 
cases  have  usually  done,  for  effecting  and  vindicating 
their  rights  and  Hberties,  DECLARE  : 

That  the  inhabitants  of  the  Enghsh  colonies  in  North 
America,  by  the  immutable  laws  of  nature,  the  principles 
of  the  Enghsh  constitution,  and  the  several  charters  or 
compacts,  have  the  following  RIGHTS : 

That  they  are  entitled  to  hfe,  liberty,  and  property; 
that  our  ancestors,  who  first  settled  these  colonies,  were 
entitled  to  all  the  rights,  liberties,  and  immunities  of  free 
and  natural  born  subjects  within  the  realm  of  England ; 
that  by  such  emigration  they  by  no  means  forfeited,  sur- 
rendered or  lost  any  of  those  rights,  but  that  they  were, 
and  their  descendants  now  are,  entitled  to  the  exercise 
and  enjoyment  of  all  such  of  them,  as  their  local  and 
other  circumstances  enable  them  to  exercise  and  enjoy ; 
that  the  foundation  of  English  liberty,  and  of  all  free 
government,  is  a  right  in  the  people  to  participate  in 
their  legislative  council,  and  as  the  Enghsh  colonists  are 
not  represented,  and  from  their  local  and  other  circum- 
stances, cannot  properly  in  the  British  parHament,  they 
are  entitled  to  a  free  and  exclusive  power  of  legislation 
in  their  several  provincial  legislatures  in  all  cases  of  taxa- 
tion and  internal  polity;  that  the  respective  colonies  are 
entitled  to  the  common  law  of  England ;  that  they  have 
a  right  peaceably  to  assemble,  consider  their  grievances, 
and  petition  the  king ;  that  the  keeping  a  standing  army, 
in  these  colonies,  in  times  of  peace  is  against  law. 


22  FORMATION  OF  THE    UNION 

Full  Text  of  the  Declaration 

Preston.     Documents,  193-198. 

Story.     Exposition  of  the  constitution,  App. 

Hinsdale.     American  government,  440-444. 

Questions.  —  Make  a  summary  of  American  principles  as 
set  forth  in  above  Declarations.  Can  the  revolution  be 
regarded  as  the  defence  of  these  principles?  Was  it  so 
regarded  at  the  time?  Were  there  other  causes?  Would 
separation  from  England  have  taken  place  even  if  these 
principles  had  not  been  attacked?  Did  Americans  wish  to 
send  representatives  to  Parliament  ? 

References  for  Further  Material 

(See  also  Channing  and  Hart.    Guide,  \  134.) 

Niles.  Principles  and  acts  of  the  revolution  (docu- 
ments) . 

Hart.  American  history  told  by  contemporaries,  II : 
pt.  vi  (sources) . 

Goodloe.    Birth  of  the  republic  (documents) . 

Norris.  Half-hours  with  American  history,  414-425 
(Franklin's  examination  before  the  parliamentary  com- 
mittee) . 

The  same  may  be  found  in  Franklin's  works. 

Small.  Beginnings  of  American  nationality.  (In  Johns 
Hopkins  University  Studies,  VIII :  Nos.  i,  ii.) 

Woodburn.  Causes  of  American  revolution.  (In  Johns 
Hopkins  University  Studies,  X  :  No.  vii.) 

Boutwell.     Constitution  at  the  end  of  the  first  century, 

137-157. 

Tyler.  Literary  history  of  the  American  revolution, 
2  vols.  (esp.  work  of  leading  statesmen). 


FORMATION  OF  THE    UNION  23 

Force.  American  archives,  IV  Series  (documents  for 
period,  1 774-1 776). 

Personal  Illustration 

Much  valuable  material  upon  the  principles  of  the 
Revolution  may  be  found  in  the  biographies  of  the  great 
leaders.  The  following  are  published  in  the  American 
Statesmen  Series.  See  Channing  and  Hart,  Guide,  §  135, 
for  additional  biographies. 

Hosmer.    Samuel  Adams. 
Tyler.     Patrick  Henry. 
Morse.    John  Adams. 
Morse.    Benjamin  Franklin. 
Morse.    Thomas  Jefferson. 

6.  Independence  and  Union 

(Channing  and  Hart.    Guide.    §  137.) 

Study  of  the  Declaration  of  Independence  in  con- 
nection with  the  foregoing ;  discussion  as  to  why  inde- 
pendence was  necessary ;  estimate  of  the  reality  of  the 
Union,  and  statement  of  the  new  political  problems  arising 
from  independence. 

Text  of  the  Declaration  of  Independence 

American  history  leaflets.  No.  20. 
Preston.     Documents,  21 1-2 15. 
MacDonald.     Select  documents.  No.  i. 
Hinsdale.     American  government,  450-453. 
Boutwell.    Constitution  at  the  end  of  the  first  century, 
1-8. 
School  histories  of  the  United  States. 


24  FORMATION  OF  THE    UNION 

References  on  the  Period 

Channing.     United  States,  83-87. 

Channing.  Students'  history  of  the  United  States, 
ch.  V. 

Hart.     Formation  of  the  union,  83-87. 

Sloane.     French  war  and  the  revolution,  chs.  xviii,  xix. 

Frothingham.     Rise  of  the  repubUc,  chs.  x,  xi. 

Winsor.     America,  VI :  ch.  iii. 

Stevens.     Sources  of  the  constitution,  30-34. 

Andrews.     United  States,  1 :  1 71-180. 

EUiot.     Debates,  1 :  42-60. 

Hildreth.     UnitecJ  States,  III :  130-137. 

Bancroft.  United  States.  Last  revision,  IV :  chs.  xx- 
xxviii. 

Hamilton.    United  States,  I :  ch.  iv. 

Questions.  —  What  authority  had  the  Congress  to  adopt 
the  Declaration  of  Independence?  Is  the  Fourth  of  July  the 
birthday  of  one  nation  or  of  thirteen  ?  Is  there  any  evidence 
in  the  Declaration  in  regard  to  the  preceding  ?  Can  you  give 
instances  of  the  acts  with  which  George  III  is  charged? 
Why  is  the  king  blamed  and  not  Parliament?  What  theory 
of  the  origin  of  government  is  contained  in  the  Declaration? 

7.   The  Articles  of  Confederation  and  the  History 
of  the  Period 

The  first  attempt  at  solving  the  problem  of  a  federal 
government ;  its  failure  revealed  in  the  study  of  the  plan 
itself,  and  by  the  history  of  the  time. 

Summary  of  the  "  Articles  of  Confederation  and  perpetual 
Union  between  the  States  of  Newhampshire,  Massa- 


FORMATION  OF  THE    UNION  2$ 

chusetts-bay,  Rhodeisland  and  Providence  Plantations, 
Connecticut,  New  York,  New  Jersey,  Pennsylvania, 
Delaware,  Maryland,  Virginia,  North  Carolina,  South 
Carolina,  and  Georgia." 

The  confederacy  is  styled  "The  United  States  of 
America."  The  states  enter  into  a  firm  league  of  friend- 
ship for  common  defence,  security  of  their  liberties  and 
general  welfare,  each  state  retaining  its  sovereignty,  free- 
dom, and  independence,  and  every  power  not  expressly 
delegated  to  the  United  States.  The  free  inhabitants  of 
each  state  are  entitled  to  all  privileges  and  immunities 
of  free  citizens  in  the  several  states,  provision  being 
made  for  the  return  of  fugitives  from  justice  from  beyond 
a  state.  Full  faith  and  credit  must  be  given  in  each 
state  to  the  records,  acts,  and  judicial  proceedings  of 
every  other  state. 

A  Congress  is  established,  composed  of  delegates 
appointed  annually  from  each  state  in  such  manner  as 
the  state  legislature  directs ;  not  less  than  two  nor  more 
than  seven  from  each  state,  to  serve  not  more  than  three 
years  out  of  six  and  with  power  in  the  state  of  recall  at 
any  time.  Congress  is  to  assemble  on  the  first  Monday 
in  November  in  every  year.  Each  state  maintains  its 
own  delegates,  and  on  all  questions  "  each  state  shall 
have  one  vote."  Delegates  enjoy  freedom  of  speech  and 
of  debate,  and  are  privileged  from  arrest. 

Without  the  consent  of  Congress,  no  state  can  send  or 
receive  an  embassy,  enter  into  a  treaty,  lay  any  imports 
or  duties  which  may  conflict  with  treaties  of  the  United 
States,  engage  in  war  unless  actually  invaded,  grant  com- 
missions to  ships  of  war  or  letters  of  marque  and  reprisal 


26  FORMATION  OF  THE    UNION 

unless  after  a  declaration  of  war  by  the  United  States,  or 
in  case  the  state  be  infested  with  pirates.  No  vessels  of 
war  shall  be  kept  in  time  of  war  by  any  state,  nor  any 
body  of  military  forces,  except  such  as  shall  be  deemed 
necessary  for  defence  or  garrison  by  the  United  States ; 
but  every  state  must  always  keep  a  well-regulated  militia. 
When  land  forces  are  raised  by  any  state  for  the  common 
defence,  all  officers  of  or  under  the  rank  of  colonel  are  to 
be  appointed  by  the  state  legislature. 

All  charges  of  war  and  all  other  expenses  incurred  by 
the  United  States  shall  be  defrayed  out  of  a  common 
treasury,  to  be  supplied  by  the  several  states  in  propor- 
tion to  the  value  of  all  land  within  each  state  granted  to 
any  person,  the  value  and  improvements  to  be  deter- 
mined as  Congress  may  direct,  and  the  taxes  in  each 
state  to  be  levied  by  the  legislature. 

The  United  States  in  Congress  assembled  has  the  sole 
and  exclusive  right  of  determining  on  peace  or  war,  of 
sending  and  receiving  ambassadors,  entering  into  treaties, 
of  establishing  rules  in  regard  to  captures  on  land  or  water 
and  the  division  of  prizes,  of  granting  letters  of  marque 
and  reprisal  in  times  of  peace,  appointing  courts  for  the 
trial  of  piracies  and  felonies  committed  on  the  high  seas. 
An  elaborate  method  is  provided  for  deciding  disputes 
between  states  concerning  boundary,  jurisdiction,  or  any 
other  cause,  by  a  method  of  arbitration,  with  the  United 
States  in  Congress  assembled  as  the  last  resort  on  appeal. 
Controversies  concerning  private  right  of  soil  claimed 
under  different  grants  of  two  or  more  states  shall  take  the 
same  course  on  the  petition  of  either  party.  The  United 
States  in  Congress  assembled  also  has  the  sole  and  exclu- 
sive right  of  regulating  coinage  by  itself  or  by  the  respec- 


FORMATION  OF  THE    UNION  2/ 

tive  states,  of  fixing  the  standard  of  weights  and  measures, 
of  regulating  trade  and  all  affairs  with  Indians,  not  mem- 
bers of  any  state;  of  establishing  and  regulating  post-offices 
from  one  state  to  another;  of  appointing  and  commission- 
ing officers  of  land  forces  above  regimental  officers,  and 
all  officers  of  the  naval  forces ;  to  make  rules  for  land  and 
naval  forces  and  to  direct  their  operations. 

Furthermore,  the  United  States  in  Congress  assembled 
has  authority  to  appoint  a  "  Committee  of  the  States," 
consisting  of  one  delegate  from  each  state  which  is  to  sit 
in  the  recess  of  Congress ;  to  appoint  other  necessary 
committees  and  necessary  civil  officers ;  to  appoint  one 
of  their  number  to  preside,  but  for  not  more  than  one 
year  in  three ;  to  ascertain  the  sums  of  money  necessary 
for  the  service  of  the  United  States ;  to  appropriate  and 
apply  the  same ;  to  borrow  money  on  the  credit  of  the 
United  States,  or  to  emit  bills  of  credit;  to  build  and 
equip  a  navy ;  to  agree  upon  the  number  of  land  forces, 
and  to  make  requisitions  upon  each  state  for  its  quota, 
in  proportion  to  the  number  of  white  inhabitants  therein, 
the  same  to  be  raised  and  equipped  by  the  state  and 
marched  to  the  place  and  within  the  time  appointed  by 
the  United  States. 

The  assent  of  nine  states  in  Congress  is  necessary  for 
any  act  of  engaging  in  war,  granting  letters  of  marque  or 
reprisal,  entering  into  treaties,  coining  money,  ascertain- 
ing the  sums  of  money  necessary  for  the  United  States, 
emitting  bills,  borrowing  money,  appropriating  money; 
agreeing  upon  the  number  of  war  vessels  to  be  built  or 
purchased,  or  the  number  of  land  or  sea  forces  to  be 
raised,  or  for  appointing  a  commander-in-chief  of  army 
or  navy.     For  all  business  a  majority  of  states  is  neces- 


28  FORMATION  OF  THE    UNION 

sary,  except  that  a  minority  may  adjourn  from  day  to 
day. 

Congress  shall  have  power  to  adjourn  to  any  time 
within  the  year,  but  for  no  period  of  more  than  six 
months;  shall  publish  its  Journal,  except  parts  relating 
to  treaties,  or  military  operations  requiring  secrecy.  The 
yeas  and  nays  shall  be  entered  on  the  Journal  when 
desired  by  any  delegate.  The  Committee  of  the  States 
shall  have  authority  to  execute  such  of  the  powers  of  Con- 
gress as  by  the  consent  of  nine  states  in  Congress  it  may 
be  vested  with,  provided  that  this  shall  not  include  any 
of  the  powers  for  which  the  consent  of  nine  states  is 
requisite. 

Canada  may  join  the  union  by  acceding  to  this  con- 
federation ;  but  no  other  colony  shall  be  admitted  except 
by  the  agreement  of  nine  states. 

Every  state  shall  abide  by  the  determinations  of  the 
United  States  in  Congress  assembled. 

"  The  articles  of  this  confederation  shall  be  inviolably 
observed  by  every  state,  and  the  union  shall  be  perpetual ; 
nor  shall  any  alteration  at  any  time  hereafter  be  made  in 
any  of  them ;  unless  such  alteration  be  agreed  to  in  a 
congress  of  the  United  States,  and  be  afterwards  con- 
firmed by  the  legislatures  of  every  state." 

Full  Text  of  the  Articles  of  Confederation 

American  history  leaflets.  No.  20.  (Contains  the 
Franklin  and  Dickinson  preliminary  drafts.) 

Boutwell.  Constitution  at  the  end  of  the  first  century, 
9-22. 

Preston.     Documents,  219-230. 

MacDonald.     Select  documents,  No.  2. 


FORMATION  OF  THE    UNION  29 

Hinsdale.     American  government,  454-461. 
Cooper.     American  politics,  bk.  iv. 
Johnston.     American  politics,  App. 
Poore.     Charters  and  constitutions,  pt.  i. 
Elliot.     Debates,  1 :  67-92  (text  and  proceedings  of 
adoption) . 

Goodloe.     Birth  of  the  republic,  353,  etc. 

Fiske.     Civil  government,  App. 

And  in  many  other  text-books  on  civil  government. 

Proceedings  of  Adoption 

(Curtis.    Constitution  of  the  United  States,  I :  App.  (acts  of  the  several 
legislatures).) 

1776.  June  II.  Two  committees  were  appointed  in  the 

Continental  Congress ;  one  to  draw  up  a  decla- 
ration of  independence,  the  other  to  formulate 
a  plan  of  confederation. 

July  4.   Report  of  first  committee  adopted. 

July  14.  Report  submitted  by  second  committee, 
in  the  handwriting  of  John  Dickinson,  of  Dela- 
ware, chairman. 

1777.  November  15.   Adoption  by  the  Congress  of  re- 

port with  amendments,  and  the  submission  to 
the  states  for  ratification. 

1778.  July  9.   Delegates  in  the  Congress  from  Massa- 

chusetts, Rhode  Island,  Connecticut,  New  York, 
Virginia,  and  South  Carolina,  having  been  duly 
authorized  by  their  legislatures,  signed  an  en- 
grossed roll  of  the  Articles. 
1778-81.  Delegates  from  remaining  states  signed  as  fol- 
lows :  North  Carolina,  July  21,  1778 ;  Pennsyl- 
vania, July  22,  1778;  Georgia,  July  24,  1778; 


30  FORMATION  OF  THE   UNION 

New  Hampshire,  Aug.  8,  1778;  New  Jersey, 
Nov.   26,    1778;     Delaware,   Feb.    12,    1779; 
Maryland,  March  i,  1781. 
1 781.   March  i.  Articles  of  Confederation  became  law. 

Questions  on  the  Articles.  —  What  is  the  name  of  the  fed- 
eral government?  How  is  the  Congress  composed?  What 
influences  would  determine  the  number  of  delegates  from  any 
state?  What  reasons  for  the  restrictions  on  their  service? 
Suppose  an  army  of  50,000  men  to  be  required  on  the  Ohio : 
show  in  detail  the  proceedings  necessary  in  each  state.  In 
whose  service  would  the  men  consider  themselves  ?  Suppose 
the  sum  of  $1,000,000  to  be  required  by  the  United  States: 
show  in  detail  the  proceedings  necessary  to  place  the  money 
in  the  treasury.  Suppose  that  a  state  failed  to  pay  its  pro- 
portion, how  would  this  affect  the  behavior  of  other  states  ? 
Could  any  payments  be  compelled?  Is  there  any  power  to 
regulate  commerce?  Has  the  Congress  any  authority  over 
persons  ?  Is  there  any  idea  of  a  United  States  citizenship  ? 
Was  this  government  representative  ?  Read  Bryce,  p.  7,  and 
make  out  a  list  of  the  defects  of  the  Confederation  as  a  plan 
of  government. 

References  on  the  Period  and  Criticism  of  the 
Confederation 

(Channing  and  Hart.    Guide.    \\  149-153.) 

Fiske.     Critical  period,  esp.  chs.  iii-v. 
Bancroft.     Formation  of  the  constitution,  1 :  11-266. 
Winsor.     America,  VII :  ch.  iii. 
Frothingham.     Rise  of  the  republic,  569-579. 
Channing.     United  States,  107-122. 
Channing.     Students'   history   of  the  United  States, 
236-255. 


FORMATION  OF  THE    UNION  3 1 

Hart.     Formation  of  the  union,  ch.  v. 

Boutwell.  Constitution  at  the  end  of  the  first  century, 
ch.  ii. 

Walker.     Making  of  the  nation,  ch.  i. 

von  Hoist.     Constitutional  history,  1 :  20-46. 

Hildreth.     United  States,  III :  chs.  xliv,  xlvi. 

Pitkin.     United  States,  II :  ch.  xi. 

Schouler.     United  States,  1 :  14-23. 

Schouler.     Constitutional  studies,  84-92. 

McMaster.     People  of  the  United  States,  1 :  103-389. 

Young.     American  statesman,  ch.  iii. 

Sumner.  The  financier  and  finances  of  the  American 
revolution,  2  vols. 

Personal  Illustration 

See  biographies  given  above  under  section  6,  and  also : 

Roosevelt.     Gouverneur  Morris,  ch.  v. 
Lodge.     George  Washington,  II :  ch.  i. 
Sumner.     Robert  Morris. 

Gather  the  results  of  the  study  of  this  chapter  together 
in  a  written  paper  in  the  following  form : 

TOPICAL   REVIEW 

Formation  of  the  Union 
1643-1787 

1.  Instances  of  union  and  common  action  in  the 
colonial  period. 

2.  Enumeration  of  noteworthy  plans  of  general  gov- 
ernment. 

3.  Advantages  of  union,  and  obstacles  in  the  way. 


32 


FORMATION  OF  THE    UNION 


4.  Summary  of  English  legislation  after  1763. 

5.  Methods  of  American  resistance. 

6.  The  prevailing  English  view  of  the  colonies. 

7.  The  principles  asserted  by  Americans. 

8.  The  leaders  of  the  period  of  revolution,  —  their 
character  and  influence. 

9.  Why  independence  was  necessary.     Its  national 
result. 

10.   Description  of  the  first  attempt  to  organize  the 
Union. 

Make   an  analysis   of  the  Articles  of  Confederation 
according  to  the  following  form  : 

Tabular  Analysis 

Government  of  the  United  States  as  Organized  in  the 
Articles  of  Confederation 

1.  How  established. 

2.  Mode  of  amendment. 

3.  Prohibitions  on  the  federal  government. 

4.  Prohibitions  on  the  separate  states. 

5.  Duties  imposed  on  citizens. 

6.  Outline  of  Organization 


Parts 

I.  Executive 
II.  Legislative 
III.  Judiciary 


Description:  Election, 
Tenure,  etc. 


Powers  and  Duties 


PART   II 

THE   NATIONAL  GOVERNMENT 

CHAPTER   IV 

THE  NATION  AND  ITS  FEDERAL  CONSTITUTION 
1.  Bryce,  Chapter  I.    The  Nation  and  the  States 

Topics.  —  Reluctance  to  be  considered  a  nation.  Two 
common  forms  of  composite  political  communities  — 
the  league  and  the  nation.  Intermediate  position  of 
the  United  States.  Resulting  complexity  of  American 
institutions. 

Supplementary  Questions.  —  i .  What  historical  reasons  for 
the  fear  of  being  considered  a  nation?  2.  Do  you  think  that 
this  fear  is  disappearing?  3.  Formulate  a  definition  of  a 
nation.      (See    Hinsdale,    American    government,    p.    12.) 

4.  Classify  existing  states  of  Europe  under  the  two  forms  — 
league  and  nation.     (See  Statesman's  Year  Book  for  facts.) 

5 .  Do  Americans  realize  the  complexity  of  their  institutions  ? 
If  not,  what  prevents?  (For  a  debate  on  the  question  of 
being  a  nation,  in  the  House  of  Representatives,  March  13, 
1876,  see  Congressional  Record.  Quotations  in  Hamilton, 
Federal  union.) 

2.  Bryce,  Chapter  11.    The  Origin  of  the  Constitution 

Topics.  —  The  thirteen  colonies,  —  their  relation  to 
England  and  to  one  another.     Growth  of  the  Union. 


34  THE  NATION  AND 

Character  of  the  Confederation.  Defects  of  the  plan 
and  difficulties  encountered.  The  Annapolis  convention. 
The  Philadelphia  convention  —  account  of  its  sessions. 
Mode  of  ratification  of  the  Constitution.  Struggle  in  the 
state  conventions.  Amendments  proposed.  The  merits 
of  the  Constitution.  Sources  of  the  Constitution.  Colo- 
nial experience. 

Supplementary  Questions.  —  i .  What  were  those  "  own  af- 
fairs "  that  the  colonies  had  managed?  2.  Revise  and  correct 
your  essay  on  the  subject :  Colonial  life  as  a  preparation  for 
self-government.  3.  What  further  grounds  of  national  unity 
can  you  add  to  the  enumeration  in  Bryce,  p.  10?  4.  What  was 
the  historical  value  of  the  Confederation?  5.  Did  the  Con- 
stitution as  it  came  from  the  convention  have  any  legal  stand- 
ing—  what  legal  authority  did  the  convention  have  to  make 
it?  6.  May  the  spirit  of  compromise  be  regarded  as  pecu- 
liarly American?  Is  it  consistent  with  principle?  7.  What 
turn  would  the  history  of  the  country  have  taken,  if  the  Con- 
stitution had  been  defeated?  8.  Does  Mr.  Bryce's  account  of 
the  sources  of  the  Constitution  coincide  with  popular  beliefs 
in  our  country?    9.    Of  what  value  is  this  history  to  us? 

References  on  Origin 

Stevens.    Sources  of  the  constitution. 
Hinsdale.     American  government,  ch.  xiv. 
Fisher.     Evolution  of  the  constitution,  esp.  ch.  ii. 


3.   The  Constitutional  Convention 

The  necessity  of  a  stronger  union  ;  preliminaries  of  the 
Philadelphia  convention  and  the  record  of  its  work. 

(See  also  Channing  and  Hart.    Guide.    §  154.) 


ITS  FEDERAL    CONSTITUTION  35 

Brief  Comprehensive  Works 

Lalor.     Cyclopedia.    Article  on  Convention  of  1787. 

Winsor.     America,  VII :  ch.  iv. 

Frothingham.     Rise  of  the  republic,  584-597. 

Fiske.     Critical  period,  chs.  vi,  vii. 

Hart.     Formation  of  the  union,  1 18-128. 

Channing.     United  States,  1 22-131. 

Walker.     Making  of  the  nation,  ch.  ii. 

McMaster.     With  the  fathers,  107,  etc. 

Schouler.     United  States,  1 :  24-46. 

Hildreth.     United  States,  III :  chs.  xlvi-xlviii. 

McMaster.  People  of  the  United  States,  1 :  389-399, 
417-423,436-453. 

Young.     American  statesmen,  ch.  iv. 

Morris.  Half-hours  with  American  history,  II :  147- 
161. 

Willoughby.     Government  of  the  United  States,  ch.  vi. 

Landon.     Constitutional  history,  lect.  iii. 

von  Hoist.     Constitutional  history,  1 :  47-63. 

Spencer.     United  States,  II :  205-258. 

Smith,  Goldwin.    United  States,  11 9-1 29. 

Extended  Works 

Bancroft.     Formation  of  the  constitution,  II :  bk.  iii. 
Bancroft.     United  States.     Last  revision,  VI :  pt.  iii. 
Curtis.     Constitutional  history,  I :  chs.  xv-xxxii. 
Carson.     Anniversary  of  the  constitution,  1 :  1-134. 
Pitkin.    United  States,  II :  ch.  xviii. 


36  THE  NATION  AND 

Special  Subjects 

Lalor.  Cyclopedia.  Articles  on  Compromises,  Navi- 
gation acts. 

Wilson.  Slave  power,  1 :  39-54  (slavery). 
Stevens.  Sources  of  the  constitution,  ch.  ii. 
Foster.     Commentaries  on  the  constitution,  1-104. 

Accounts  of  the  Convention  in  Biographies 

Gay.     James  Madison,  chs.  vii-ix. 
Bigelow.     Life  of  Franklin,  III :  376-396. 
Morse.     Benjamin  Franklin,  401-405. 
Rives.     Life  and  times  of  Madison,  II :    chs.  xxvii- 
xxxii. 

Marshall.     George  Washington,  II :  ch.  iv. 
Lodge.     George  Washington,  II :  ch.  i. 
Austin.     Elbridge  Gerry,  II :  chs.  i-iii. 
Stills.     John  Dickinson,  ch.  vii. 
Lodge.     Alexander  Hamilton,  ch.  iv. 
Morse.     Alexander  Hamilton,  1 :   155-237. 
Tyler.     Patrick  Henry,  chs.  xvii-xix. 
Roosevelt.     Gouverneur  Morris,  ch.  vi. 

Contemporary  Records 

(See  also  Channing  and  Hart.    Guide,  p.  324,  sources.) 

Elliot.     Debates,  I:  92,  etc.  (preliminaries). 

Journal  of  the  convention.  Also  in  Elliot.  Debates, 
I:  139,  etc. 

Madison  papers ;  Debates  in  the  federal  convention  of 
1787,  as  reported  by  James  Madison. 

Madison's  Journal  of  the  federal  convention.     In  Elliot. 


ITS  FEDERAL   CONSTITUTION  37 

Debates,  V :  109,  etc.  Published  for  academic  use  by 
Scott,  Foresman  &  Co.,  1893.  See  also  as  a  supplement 
and  guide  :  Woodburn.     Making  of  the  constitution. 

Hamilton's  Propositions  for  a  constitution.  In  Hamil- 
ton.    Works,  ed.  Lodge,  1 :  331. 

Plans  of  Randolph  and  others.  (In  Towle.  History 
and  analysis  of  the  constitution.) 

Franklin.     Works,  V  :   142-155. 

Madison.     Writings,  1 :  284-340. 

Questions  on  the  Convention.  —  Who  were  the  leaders  of 
the  convention?  Should  Madison  be  called  the  "Father  of 
the  Constitution  "  ?  What  experience  had  fitted  the  members 
for  this  work?  Make  a  list  of  the  most  prominent  influences 
acting  upon  the  convention.  To  what  extent  did  commercial 
questions  affect  the  work  of  the  convention  ?  Show  how  the 
methods  of  the  convention  were  in  line  with  the  previous 
constitutional  history  of  the  country. 

Bibliographies  of  the  Constitution 

Ford.  Bibliography  of  the  constitution.  (In  Curtis. 
Constitutional  history,  vol.  II.) 

Fiske.     Critical  period,  p.  351, 

Winsor.     America,  VII :  ch.  iv,  end. 

Woodburn.     Making  of  the  constitution,  40-41. 

Hart.     Constitutional  and  poHtical  history,  19-38. 

Foster.  The  United  States  constitution.  (In  Library 
journal,  V:  172,  222.) 

4.   Study  of  the  Constitution 

Careful  reading  of  the  text  of  the  Constitution  and  its 
amendments  to  become  familiar  with  its  provisions.     Ex- 


38  THE  NATION  AND 

amination  of  its  language  to  secure  an  accurate  under- 
standing of  all  expressions.  Consult  the  dictionary  or 
Dictionary  of  Law  for  unusual  or  technical  terms,  as 
impeachment,  quorum,  bill  of  attainder,  ex  post  facto  law. 
Familiarity  with  the  text  can  be  tested  by  the  following 
questions. 

On  the  Text  of  the  Constitution 

Whose  Constitution  is  this  ?  For  what  purposes  was  it 
established  ? 

Article  I  and  Amendments 

Where  is  the  legislative  power  vested  ?  Where  are  the 
powers  not  delegated  to  the  United  States  by  the  Constitu- 
tion, nor  prohibited  by  it  to  the  states?  (See  Am.  X.) 
How  is  Congress  composed  ?  Who  compose  the  House 
of  Representatives  ?  How  and  for  what  term  are  they 
chosen  ?  Who  vote  for  them  ?  What  are  the  qualifica- 
tions of  representatives  ?  How  are  representatives  appor- 
tioned? (See  Am.  XIV.)  Can  any  state  be  without  a 
representative?  What  was  the  provisional  apportion- 
ment? What  state  had  the  highest  number?  How  is 
a  vacancy  in  the  House  filled  ?  Who  presides  over  the 
House?  What  is  its  power  in  impeachment?  Who 
compose  the  Senate?  How  are  they  chosen?  What 
classification  was  required  ?  How  are  vacancies  filled  ? 
What  are  the  qualifications  of  senators  ?  Who  presides 
over  the  Senate?  What  is  the  Senate's  power  in  im- 
peachment ?  What  vote  is  required  for  conviction  ?  To 
what  is  judgment  limited  in  case  of  impeachment  ?  What 
power  has  Congress  over  elections  ?  When  does  Congress 
meet?     What  power  has  each  house  in  regard  to  its 


ITS  FEDERAL    CONSTITUTION  39 

own  members?  over  their  behavior?  How  many  are 
required  for  the  transaction  of  business?  What  can  a 
smaller  number  do  ?  What  record  of  proceedings  must 
be  kept  ?  Can  it  be  kept  secret  ?  Can  one  house  be  in 
session  without  the  other?  Who  fixes  the  pay  of  con- 
gressmen? How  is  the  payment  made?  What  are  the 
privileges  of  congressmen?  What  are  their  disabilities? 
What  bills  must  originate  in  the  House?  What  power 
has  the  Senate  in  legislation?  What  is  the  method  of 
passing  a  bill  ?  What  congressional  business  must  go  to 
the  President?  What  are  the  powers  of  Congress  in 
taxation;  in  regard  to  war,  courts  of  justice;  in  the 
regulation  of  commerce,  the  currency;  in  copyrights 
and  patents,  naturalization,  bankruptcy;  in  regard  to 
post-offices ;  in  the  protection  of  persons  against  unjust 
state  laws ;  in  general  matters  ?  What  prohibitions  are 
placed  upon  Congress?  What  prohibitions  are  placed 
upon  the  states  ?  What  powers  are  denied  to  the  states, 
unless  with  the  consent  of  Congress  ? 

Article  II 

Who  has  the  executive  power?  Who  vote  for  the 
President  and  Vice-President?  How  many  in  each 
state  ?  How  are  these  electors  chosen  ?  What  was  the 
method  of  voting  prescribed  for  the  electors  in  the 
original  Constitution  ?  How  is  this  changed  in  Am.  XH  ? 
Who  counts  the  votes?  When  is  there  an  election  by 
the  House  of  Representatives?  How  is  the  vote  then 
taken  ?  What  authority  has  Congress  over  the  choice  of 
electors?  Who  is  ehgible  to  be  President?  Under  what 
conditions  does  the  Vice-President  become  President? 
How  is  the  salary  of  the  President  fixed  ?    What  is  the 


40  THE  NATION  AND 

President's  oath  ?  What  are  the  powers  of  the  President 
in  mihtary  affairs?  over  the  heads  of  executive  depart- 
ments ?  with  respect  to  criminal  offenders  ?  What  power 
does  he  have  in  conjunction  with  the  Senate?  How  are 
inferior  offices  provided  for?  How  are  vacancies  filled 
when  the  Senate  is  not  in  session?  What  information 
must  the  President  give  to  Congress  ?  What  power  has 
he  over  the  sessions  of  Congress?  Who  receives  am- 
bassadors ?  Who  sees  that  the  laws  are  executed  ?  Who 
signs  commissions?  Who  receive  commissions?  What 
officers  may  be  removed  by  impeachment,  and  for  what 
causes  ? 

Article  III 

Who  has  the  judicial  power  of  the  United  States? 
What  is  the  tenure  of  judges  ?  How  is  their  compensation 
protected  ?  What  cases  come  under  the  judicial  power  of 
the  United  States  ?  What  restriction  was  made  by  Am. 
XI  ?  In  what  cases  does  the  Supreme  Court  have  original 
jurisdiction?  How  is  its  appellate  jurisdiction  regulated? 
What  points  are  specified  in  regard  to  trials  ?  (See  also 
Ams.  V-VII.)  In  regard  to  punishments?  (See  also 
Am.  VIII.)  What  constitutes  treason  against  the  United 
States?  How  must  it  be  proved?  How  is  its  punish- 
ment restricted  ? 

Article  IV 

How  must  one  state  behave  toward  the  proceedings  of 
another?  What  rights  in  Oregon  has  a  citizen  of  Cali- 
fornia? How  is  a  fugitive  from  justice  recovered  from 
another  state?  Could  one  state  liberate  the  slaves 
escaped  from  another?  How  are  new  states  admitted? 
How  could  two  states   be  made  of  California?    How 


ITS  FEDERAL    CONSTITUTION  4 1 

could  Nevada  be  annexed  to  Utah?  What  authorization 
is  there  for  the  government  of  Arizona?  What  shall  the 
United  States  guarantee  to  every  state?  From  what  shall 
it  protect  them  ? 

Article   V 

In  what  two  ways  may  amendments  originate?  In 
what  two  ways  may  they  be  ratified?  What  things  are 
reserved  from  amendment? 

Article  VI 

How  were  the  debts  of  the  United  States  under  the 
confederation  provided  for?  What  is  the  supreme  law 
of  our  land  ?  Who  are  bound  thereby  ?  Can  state  law 
invalidate  a  United  States  law  ?  Who  are  bound  to  sup- 
port the  Constitution  ?    What  test  is  forever  forbidden  ? 

Article   VII 

How  was  the  Constitution  ratified  ?  How  many  states 
ensured  its  adoption? 

When  did  the  convention  complete  its  work?  How 
many  men  signed  the  Constitution?  from  how  many 
states?  What  ones  became  Presidents?  What  ones 
were  signers  of  the  Declaration  of  Independence? 

Reference  List  of  Commentaries  on  the 
Constitution 

Simple  Popular  Works 

Rupert.     History  and  constitution  of  the  United  States. 

Harrison.  *  This  country  of  ours. 

Porter.     United  States  constitutional  history. 


42  THE  NATION  AND 

Schouler.     Constitutional  studies,  93-189. 
Story.     Exposition  of  the  constitution. 
Ford.     American  citizen's  manual,  I :  eh.  i. 

Extended  Works 

Boutwell.     Constitution  at  the  end  of  the  first  century. 
Foster.     Commentaries  on  the  constitution. 
Curtis.     Constitutional  history  of  the  United  States, 
2  vols, 
von  Hoist.     Constitutional  law. 
Cooley.     Constitutional  law. 
Cooley.     Constitutional  limitations. 
Story.     Commentaries  on  the  constitution. 
Patterson.     Federal  restraint  on  state  action. 
Fisher.     Evolution  of  the  constitution. 
Stevens.     Sources  of  the  constitution. 

5.    Ratification  of  the  Constitution 

The  discussion  of  the  plan  of  federal  union  before  the 
people  and  in  the  several  state  conventions. 

(See  also  Channing  and  Hart.    Guide.    §  155.) 

Winsor.     America,  VII :  ch.  iv. 

Bancroft.     Formation  of  the   constitution,   II :   esp. 
225-318. 

Lalor.     Cyclopedia,  1 :  99,  606-607. 
Frothingham.     Rise  of  the  republic,  598-606. 
Landon.     Constitutional  history,  lect.  iv. 
Borgeaud.     Adoption  and  amendment,  1 31-136. 
Fiske.     Critical  period,  303-350. 
Andrews.     United  States,  1 :  239-240. 
Hart.     Formation  of  the  union,  128-135. 


ITS  FEDERAL    CONSTITUTION  43 

Channing.     United  States,  132-134. 

Schouler.     United  States,  1 :  47-73. 

Walker.     Making  of  the  nation,  ch.  iv. 

McMaster.  People  of  the  United  States,  I :  ch.  v, 
passim. 

Hildreth.     United  States,  III :  533-539. 

Jameson.  Essay  on  constitutional  history  of  the 
United  States,  46,  etc.  (efforts  to  amend). 

Ford.     Essays  on  the  constitution  (i 787-1 788). 

Curtis.     Constitutional  history,  I :  chs.  xxxiii-xxxv. 

Harding.     Federal  constitution  in  Massachusetts. 

Jameson.  Movement  toward  a  second  convention  in 
1788.     (In  Jameson.     Essays  in  constitutional  history.) 

Bateman.  Political  and  constitutional  law,  1 21-145 
(ordinances  of  ratification) . 

Libby.     Geographical  distribution  of  the  vote. 

In  Biographies 

Gay.    James  Madison,  ch.  ix. 
Wells.     Samuel  Adams,  III :  248-276. 
Rives.     Life  and  times  of  Madison,  II :  chs.  xxxiii- 
xxxvi. 

Wirt.     Patrick  Henry,  278-316. 
Tyler.     Patrick  Henry,  279-301. 
Lodge.     Alexander  Hamilton,  65-80. 
Morse.     Alexander  Hamilton,  1 :  238-275. 
Morse.     Thomas  Jefferson,  92-95. 
Hosmer.     Samuel  Adams,  392-401. 

Contemporary  Accounts  and  Discussions, 

The  Federalist. 

Washington.    Writings,  vol.  XI  (letters). 


44  THE  NATION  AND 

Madison.    Writings,  1 :  340,  etc.  (Virginia  convention). 

Jefferson.     Works,  II :  Index,  Constitution. 

Ford,  editor.     Essays  on  the  constitution  (i  787-1 788). 

Review  of  the  Constitution 

Make  an  analysis  of  the  Constitution  (not  including 
amendments)  according  to  the  form  used  for  the  Articles 
of  Confederation.  Compare  the  two  and  state  how  the 
Constitution  formed  "a  more  perfect  union." 

A  more  extended  analysis  of  the  Constitution  may  be 
made  according  to  the  following  form. 

Topical  Analysis  of  the  Constitution 

(Give  the  ideas  called  for  by  each  topic  briefly,  so  far 
as  possible  in  the  language  of  the  document ;  and  give 
exact  reference  to  article  and  section  for  each  point. 
Use  the  Roman  numerals  for  articles  and  the  Arabic  for 
sections ;  as  III :  2,  for  Article  III,  section  2.) 

I.  The  Constitution  as  a  whole. 

1.  By  whose  authority? 

2.  Purposes. 

3.  Mode  of  adoption. 

4.  Modes  of  amendment. 

5.  Force  as  law. 

6.  Who  are  bound  to  support? 

7.  Who  are  citizens  under  it? 

(Can  this  be  answered  without  Am.  XIV?) 


ITS  FEDERAL   CONSTITUTION 


45 


II.   Legislative  Department. 

Topic 

Representatives 

Senate 

1.  Composition 

2.  Qualifications 

3.  Election,  tenure,  etc. 

4.  Apportionment 

5.  Filling  of  vacant  seats 

6.  Exclusive  authority 

• 

Provisions  Common  to  Both  Houses 

1.  Control  over  members. 

2.  Oath  of  office. 

3.  Quorum. 

4.  Compensation. 

5.  Rules  of  procedure. 

6.  Journal. 

7.  Privileges  of  members. 

8.  Disabilities  of  members. 


Powers  of  Congress 

1.  Revenue. 

2.  Appropriations. 

3.  Trade. 

4.  Finance. 

5.  War  and  national  defence. 

6.  Courts. 

7.  Elections. 

8.  Offices. 

9.  Naturalization. 


46 


THE  NATION  AND 


lO. 

II. 


United  States  territory. 
General  powers. 


III.   Executive  Department. 


Qualifi- 
cations 

Election  or  Appoint- 
ment, Tenure,  etc. 

Powers 

Civil 

Mili- 
tary 

Legisla- 
tive 

1.  President 

2.  Vice-President 

3.  Executive  Heads 

IV.   Judicial  Department. 

1.  Courts  and  their  jurisdiction. 

2.  Judges  and  their  tenure. 

V.   Prohibitions  on  the  United  States. 
VI.   Prohibitions  on  the  States. 


6.   Bryce,  Chapter  III.     Nature  of  the  Federal 
Government 

Topics.  —  The  twofold  problem  of  the  Constitution. 
Relation  of  the  Federal  Constitution  to  the  state  consti- 
tutions. Functions  of  the  Federal  government.  Its  four 
essential  objects,  and  how  they  are  secured.  Relation  to 
the  English  constitution  and  to  the  state  constitutions. 
Profound  difference  between  Congress  and  the  British 
ParUament.  Explanation  of  this  difference.  Origin  of 
written  constitutions. 

Supplementary  Questions.  —  i .  May  the  American  people 
have  been  a  nation  before  1789?    2.   What  is  usually  taken 


ITS  FEDERAL   CONSTITUTION  47 

as  our  national  birthday?  3.  May  we  have  been  a  nation  a 
long  time  before  we  fully  realized  it  ?  4.  Can  there  be  any 
doubt  as  to  the  fact  now?  (Definition  by  J.  R.  Green, 
History  of  the  English  People,  vol.  iv,  p.  226:  "A  nation 
is  an  aggregate  of  individual  citizens,  bound  together  in  a 
common  and  equal  relation  to  the  state  which  they  form." 
By  E.  A.  Freeman.  Chief  periods  of  European  history,  lect. 
vi :  "  The  nation,  in  short,  should  have  unity  of  speech  and 
unity  of  government.")  5.  Are  the  states  as  essential  to  the 
Federal  government  as  it  is  to  them?  6.  Has  our  experience 
shown  the  need  of  adding  new  functions  to  the  Federal  gov- 
ernment? If  so,  what?  7.  What  is  the  Constitution  to  you 
in  your  everyday  life?  8.  Show  the  line  of  descent  of  the 
Constitution,  {a)  in  form,  {fi)  in  contents. 

7.   Territorial  Growth  of  the  United  States,  and 
Increase  of  States 

(Read  Bryce,  Chapters  XXXIV  and  LVIII.) 

Map  Study 

Refer  to  maps  showing  the  territorial  growth  of  the 
United  States,  and  report  upon  the  following  :  What  was 
the  original  territory  of  the  United  States  ?  Who  were 
our  neighbors  in  1783?  The  natural  boundaries  of  the 
Louisiana  territory?  What  acquisitions  were  made  on 
the  Gulf  before  181 2?  What  was  included  in  the  Florida 
purchase  ?  When  was  the  Oregon  boundary  determined  ? 
What  area  was  annexed  as  Texas?  What  lands  were 
ceded  to  us  by  Mexico?  What  are  the  boundaries  of 
Alaska?  Report  upon  the  time  and  circumstances  of 
each  acquisition.  Taken  together  with  colonial  history, 
do  they  make  a  steady  progress  ?   (See  references  below.) 


48  THE  NATION  AND 

Distribution  of  Population 

Read  Bryce,  Chapters  XXXIV  and  LVIII,  and  report 
upon  the  lines  of  settlement  and  present  distribution  of 
population.  Bring  together  additional  facts  from  the 
United  States  Census  of  1890,  Abstract^  or  similar  facts 
from  McCarthy's  Statistician,  or  various  Political  Alma- 
nacs. Look  up  the  population  maps  in  Thorpe's  Con- 
stitutional History  of  the  American  People,  and  construct 
a  similar  map  for  1890. 

History  of  the  Admission  of  States 

Consult  a  map  of  the  United  States,  and  the  List  of 
States,  Bryce,  page  xi.  Report  upon  the  following  :  What 
was  the  first  new  state?  How  many  were  there  in  1800? 
in  1830?  in  i860?  in  1876?  How  many  are  there  now? 
Which  is  the  newest  state  ?  What  may  be  considered  as 
prospective  states? 

Area  and  Boundaries  of  the  States 

How  many  states  are  there  in  the  original  area  of  the 
United  States?  How  many  have  been  formed  from  each 
of  the  added  territories,  as  Louisiana,  etc?  What  influ- 
ences have  determined  state  lines  ?  To  what  extent  are 
they  natural  lines  ?  Estimate  the  area  and  population  for 
each  group  of  states,  Bryce,  page  287.  Which  group 
has  the  largest  area?  the  greatest  population ?  Arrange 
the  groups  in  order  of  population.  Arrange  the  states 
in  order  of  area;  of  population.  What  is  California's 
position  in  each  list? 


ITS  FEDERAL   CONSTITUTION  49 

References  on  Territorial  Expansion 

(Previous  to  1898) 

Bibliography 

Channing  and  Hart.    Guide,  §§  161, 168, 185, 192, 193. 
Winsor.    America,  VII :  App.  i. 

General  Works 

Lalor.  Cyclopedia.  Articles  on  Annexation,  North- 
west boundary.  Ordinance  of  1787. 

Channing.     United  States.     Index.     (See  also  maps.) 

Walker.     Making  of  the  nation.     Index. 

Schouler.  United  States,  V  :  Index.  Louisiana^  Flor- 
ida, Texas,  Mexican  cession. 

McMaster.  People  of  the  United  States,  II :  626-635  ; 
III:   1-15,  23-41,  209-215. 

Hildreth.    United  States.    Index.   Louisiana,  Florida, 

Adams.     United  States,  II :  ch.  ii-vi. 

Andrews.     United  States.     Index. 

Von  Hoist.     Constitutional  history.     Index. 

Young.     American  statesman.     Index. 

Poussin.     United  States,  pt.  i ;  chs.  xx,  xxi. 

Benton.     Thirty  years'  view.     Contents. 

Special  Works 

Winsor.     America,  VII ;  App.  i. 
Roosevelt.     Winning  of  the  West,  3  vols. 
Hinsdale.     Old  Northwest. 
Drake.     Making  of  the  Ohio  valley  states. 
Walker.     Distribution  of  population. 
Blunt.     Formation  of  the  confederacy. 


50  THE  NATION  AND 

McMaster.     Straggle  for  territory. 

Thorpe.  Constitutional  history  of  the  American  people, 
I :  chs.  viii-xi. 

Donaldson.  Public  domain.  House  Miscellaneous 
Documents,  1 882-1 883,  vol.  19. 

In  Biographies 

Morse.    Thomas  Jefferson,  ch.  xiv. 

von  Hoist.     John  C.  Calhoun,  chs.  viii,  ix. 

McLaughlin.     Lewis  Cass,  chs.  i,  iv. 

Pierce.   Memoirs  of  Charles  Sumner,  IV  :  318, 324-328. 

8.  The  Land  System  of  the  United  States 

Consult  Lalor's  Cyclopedia  of  PoUtical  Science,  article 
on  "Public  Lands,"  and  report  upon  the  following: 
How  did  the  United  States  become  possessed  of  the  pub- 
lic domain  ?  What  have  been  the  methods  followed  in 
disposing  of  it  ?  What  influence  has  the  land  policy  of 
the  United  States  had  upon  settlement?  Describe  the 
system  of  government  survey.    What  are  school  sections  ? 

Practical  Questions.  —  From  a  map  showing  the  land  survey 
in  your  vicinity,  work  out  the  following :  In  what  township  do 
you  live  ?  Give  the  exact  location  of  your  home  within  the 
township  as  closely  as  can  be  done  from  the  map.  Designate 
the  township  in  which  some  town  or  city  of  your  vicinity  is 
located.  Draw  a  diagram  of  a  township ;  number  the  sections ; 
mark  the  school  sections ;  the  S.  W.  :|  of  S.  E.  ;|  of  S.  10  and 
the  E.  I  of  N.  E.  ^  of  S.  15.  Write  a  summary  of  the  his- 
tory of  the  public  land  policy  of  the  United  States  from 
Hart,  Practical  essays,  233-257. 


ITS  FEDERAL   CONSTITUTION  5 1 

Land  Laws 

(Consult  Copp's  American  Settler's  Guide.    American  Mining  Code. 
United  States  Revised  Statutes,  Public  Lands.) 

Ascertain  the  meaning  of  the  following :  Homesteads, 
land  warrants,  preemption.  Illustrate  the  procedure  of 
obtaining  a  United  States  patent  to  1 60  acres  of  surveyed 
public  land.  What  is  the  Timber  Culture  Law?  The 
Desert  Land  Law?  How  is  the  possession  of  mineral 
lands  determined  ?    How  may  ownership  be  acquired  ? 

References  on  the  Land  System 

American  History  Leaflets,  No.  22  (State  land  claims 
and  cessions). 

Schouler.     United  States,  V  :  Index.     Land. 

McMaster.  People  of  the  United  States,  II :  144- 
159,476-482;  III:  89-145  (review  from  1 776-1805)  ; 
IV:  381-396. 

Hamilton.    United  States,  IV :  170-172. 

Clusky.     Political  text-book,  491-526. 

Barrows.     United  States  of  yesterday,  ch„  vii. 

Young.     American  statesman.     Index.    Lands. 

von  Hoist.     Constitutional  history.     Index. 

Benton.     Thirty  years'  view.     Contents. 

Lalor.     Cyclopedia.     Article  on  Public  Lands. 

Sato.  Land  question  in  the  United  States.  (In  Johns 
Hopkins  University  Studies,  IV :  Nos.  vii-ix.) 

Public  land  surveys.     American  Book  Co. 

Donaldson.  Public  domain.  House  Miscellaneous 
Documents,  1 882-1 883,  vol.  19. 


52  THE  NATION  AND 


9.  The  Territorial  System.    Bryce,  Chapter  XL VI 

Topics.  —  List  of  present  territories.  The  recent  pro- 
motions. Origin  of  territorial  government.  The  territo- 
rial constitution.  Form  of  government;  the  governor 
and  his  powers  ;  the  legislature  ;  the  judiciary.  Citizen- 
ship in  the  territories.  Preparation  for  statehood.  Pro- 
cedure  of  forming  a  state.     Merits  of  the  system. 

Supplementary  Questions.  —  i.  Look  up  a  copy  of  the  Or- 
dinance of  1787  and  report  upon  the  form  of  government 
established  and  the  rights  guaranteed  by  it.  2.  Who  enacted 
this  ordinance  ?  3.  For  what  territory  ?  4.  Was  California 
ever  a  territory? 

Practical  Questions.  —  Ascertain  the  population  and  esti- 
mated wealth  of  Arizona  and  New  Mexico.  Does  any  one  wish 
them  to  be  made  into  states  ?  What  objections  are  there  ? 
Would  you  have  any  objection  to  living  in  a  territory  ? 

References  on  the  Ordinance  of  1787 

Winsor.     America,  VII :  537-538. 

Barrett.     Evolution  of  the  ordinance  of  1787. 

Hinsdale.     Old  northwest,  chs.  xv,  xvi. 

Lalor.     Cyclopedia.     Article  on  Ordinance  of  1787. 

Dunn.     Indiana,  177-218. 

King.     Ohio,  180-188,  405-409. 

Cooley.     Michigan,  127-132,  138. 

Cutler.     Ordinance  of  1787. 

Coles.  History  of  the  ordinance.  (Pennsylvania  His- 
torical Society.) 

Merriam.     History  of  the  ordinance  of  1787. 

Adams.  Maryland's  influence  upon  land  cessions.  (In 
Johns  Hopkins  University  Studies,  III :  No.  i.) 


ITS  FEDERAL   CONSTITUTION  53 

Harper's  magazine,  vol.  LXXI :  554. 
Thorpe.     Constitutional  history  of  American  people. 
Boutwell.     Constitution  at  the  end  of  the  first  century, 
ch.  iii. 

See  also  general  histories  of  the  period,  as  Bancroft. 

Text  of  the  Ordinance 

Preston.     Documents,  241. 
Old  South  leaflets,  No.  13. 
MacDonald.     Select  documents.  No.  4. 
Poore.     Charters  and  constitutions,  pt.  i. 
Boutwell.     Constitution  at  the  end  of  the  first  century, 
23-32. 

Donaldson.     Public  domain,  153-156. 

10.   Present  Unifying  Forces 

Our  present  national  unity  is  the  result  of  many  influ- 
ences. Some  of  these  may  be  studied  as  follows.  Pro- 
cure a  railroad  map  of  the  United  States  and  report  upon 
the  following  questions  :  How  many  complete  transcon- 
tinental lines  are  there,  counting  them  west  of  the  Missis- 
sippi River  ?  What  lines  of  travel  are  there  from  north  to 
south  ?  Is  there  any  state  or  territory  without  railroad 
connection  ?  Answer  similar  questions  so  far  as  possible 
for  telegraph  and  telephone  Hnes.  Ascertain  facts  as  to 
the  number  of  newspapers  pubHshed  in  the  United  States. 
Visit  the  newspaper  room  of  a  pubHc  library  and  report 
upon  the  states  or  localities  there  represented  by  a  paper. 
How  widely  are  the  newspapers  of  greatest  popularity 
circulated?  Answer  the  same  questions  for  magazines. 
How  many  poHtical  parties  maintain  a  national  organiza- 


54        THE  NATION  AND  ITS   CONSTITUTION 

tion  ?  (See  some  Political  Almanac.)  How  many  churches 
hold  national  assemblies?  How  many  benevolent,  edu- 
cational, or  trade  associations?  Select  some  prominent 
instance  of  a  national  convention,  and  report  upon  its 
metubership,  the  number  in  attendance,  and  the  places 
from  which  the  members  have  come.  Investigate  in  your 
own  locality  and  report  on  the  places  of  incorporation  of 
the  life  insurance  companies ;  the  fire  insurance  com- 
panies. Inquire  at  a  neighboring  bank,  and  report  upon 
its  business  connections  in  other  states.  Find  evidence 
of  the  capitalists  of  one  state  investing  their  funds  in 
other  and  remote  states.  Get  together  facts  in  regard 
to  the  destination  of  products  shipped  from  your  locality ; 
of  the  place  of  production  of  goods  brought  to  your  home 
from  other  parts  of  the  United  States.  Considered  in 
many  ways,  are  we  not  one  people  leading  a  common 

life? 

TOPICAL  REVIEW 

Write  a  review  of  the  work  in  this  chapter  according 
to  the  following  form. 

The  Nation  and  rrs  constitution 

1.  Origin  of  the  Constitution. 

2.  Summary  of  the  history  of  its  adoption. 

3.  Influences  for  and  against  its  adoption,  —  the  strug- 
gle before  the  people. 

4.  Why  the  Constitution  was  a  compromise.  ^ 

5.  Territorial  growth  since  1789. 

6.  Methods  of  handHng  the  national  domain. 

7.  Methods  of  governing  during  the  process  of  settle- 
ment. 

8.  Present  evidence  of  national  unity. 


THE  EXECUTIVE  DEPARTMENT  55 

Subjects  for  Essay  Work 

An  imagined  history  of  the  United  States,  supposing 
that  the  Louisiana  Territory  had  been  incorporated  with 
Canada  under  British  rule. 

Differences  between  the  poUtical  systems  of  the  United 
States  and  Great  Britain  in  1 789. 

Why  was  a  written  constitution  the  best  for  America  ? 


CHAPTER  V 
THE  EXECUTIVE   DEPARTMENT 

1.   Bryce,  Chapter  IV.    The  President 

Topics.  —  Three  departments  of  American  government. 
Why  a  single  head  was  accepted  in  the  executive.  Ham- 
ilton's plan  of  life  tenure.  Previous  models  for  the  presi- 
dency. Mode  of  election  as  planned.  How  practice 
has  behed  the  theory.  Growth  of  parties  and  of  popular 
elections.  Methods  of  choosing  electors.  Consequences 
of  the  electoral  system  —  pivotal  states.  Presidents  as 
party  men.  Reelections.  Failure  of  an  electoral  choice. 
House  elections.  Counting  the  returns.  Contest  of 
1876.  The  Electoral  Commission.  The  law  of  1887. 
Impeachment  of  the  President.  The  succession  to  the 
office. 

Supplementary  Questions.  —  i.  Point  out  precisely  what 
was  changed  in  the  Constitution  by  Am.  XII.  2.  Ought 
there  to  be  any  further  change  now?  If  so,  why?  3.  What 
results  regarding  control  of  elections,  qualifications  for  voting, 
etc.,  would  necessarily  follow  an  election  by  direct  popular 


56  THE  EXECUTIVE  DEPARTMENT 

vote?  4.  Comparison  of  the  process  of  impeachment  with 
English  examples,  e.g.  Warren  Hastings.  5.  Why  should 
the  Chief  Justice  preside  when  the  President  is  on  trial? 
6.  Is  impeachment  any  longer  a  real  remedy?  7.  In  House 
elections  why  should  the  vote  be  taken  by  states  ?  (Consider 
the  election  of  1824.)  8.  Find  examples  of  vice-presidential 
candidates  nominated  for  policy  and  not  for  fitness. 

Practical  Questions.  —  Who  were  the  presidential  electors 
in  California  in  the  last  election?  Who  voted  for  them? 
Describe  the  method.  How  many  votes  did  they  receive? 
(See  State  Blue  Book  or  PoHtical  Almanacs.)  Who  were 
chosen?  What  duUes  did  they  perform?  When  was  the 
result  of  the  election  assumed  to  be  known?  Of  what  party 
is  the  President  now  in  office?  In  what  ways  was  he  known 
to  the  country  before  the  election?  What  Presidents  have 
been  reelected  ? 

History  of  Elections 

O'Neil.     American  electoral  system. 
Stanwood.     Presidential  elections. 
See  also  Chapter  XX,  below. 

2.  Bryce,  Chapter  V.    Presidential  Powers  and  Duties 

Topics.  —  Powers  of  the  President  stated ;  arranged  in 
four  groups.  Foreign  affairs.  Influence  of  Congress. 
Domestic  authority.  War  powers.  Guarantee  of  a  repub- 
lican government  to  the  states.  Proclamations.  Inau- 
gurals. Authority  in  legislation.  No  initiative.  The  veto^ 
and  its  value.  Popularity  of  the  President.  Appointing 
power.  Growth  of  senatorial  influence.  Patronage  and 
the  spoils  system.  Right  of  removal.  Reform  of  the 
civil  service.  Power  of  the  President  in  peace  and  in 
war.     Comparison  with  European  rulers.     Strength  of 


THE  EXECUTIVE  DEPARTMENT  57 

the  President  is  from  the  people.     Old  fear  of  a  tyranny 
groundless. 

Practical  Questions.  —  From  the  newspapers,  report  in- 
stances of  recent  presidential  acts  and  state  under  what 
powers  they  come.  Find  and  read  a  copy  of  the  last  procla- 
mation or  message  of  the  President  and  report  upon  its 
contents  and  its  influence.  Find  some  recent  instance  of  the 
use  of  the  veto.  Was  the  measure  passed?  What  federal 
officers  in  your  vicinity  were  appointed  by  the  President? 
Ascertain  what  you  can  as  to  why  these  persons  were 
appointed.  Find  in  the  Constitution  the  provision  for  each 
of  the  President's  powers. 

On  the  Civil  Service 

Obtain  a  copy  of  the  last  report  of  the  Civil  Service 
Commission  and  report  upon  the  following :  How  many 
persons  are  in  the  civil  service  of  the  United  States? 
What  proportion  of  them  are  included  in  the  reformed 
or  classified  service  ?  How  were  these  appointed  ?  What 
is  their  tenure  ?  What  is  the  record  of  the  extension  of 
the  classified  service  since  1883? 

References  on  the  History  of  the  Civil  Service 
In  General  Works 

Lalor.  Cyclopedia.  Articles  on  Civil  administration, 
Civil  service  reform,  Patronage,  Removals  from  office, 
Spoils  system. 

Schouler.     United  States,  V  :  Index. 

Johnston.     American  politics.     Index. 

Adams.     United  States,  I :  ch.  viii. 

McMaster.     People  of  the  United  States,  II :  583-587. 


58  THE  EXECUTIVE  DEPARTMENT 

Walker.     Making  of  the  nation,  169-171,  175. 

Young.  American  statesman.  Index.  Removals  from 
office. 

von  Hoist.  Constitutional  history.  Index.  Spoils 
system. 

Boyd.     Political  history,  ia-2ia. 

Pierce.  Memoirs  and  letters  of  Charles  Sumner,  IV  : 
190-192. 

Channing  and  Hart.  Guide  to  American  history.  In- 
dex (for  further  references). 

Special  Works 

Elmes.  Executive  departments  (complete  summary 
of  organization) . 

Jenckes.  Civil  service  of  the  United  States.  Reports 
of  Committee  on  Retrenchment,  1868. 

Civil  Service  Commission.     Reports,  1 884-1 894. 

Civil  Service  Reform  League.  Proceedings,  1894, 1895. 

Magazine  articles  on  civil  service  reform. 

Comstock.  Civil  service  in  the  United  States  (exam- 
ination manual) . 

Shepard.     Martin  Van  Buren.     Index.     Spoils  system. 

McLaughlin.  Lewis  Cass,  135-137  (introduction  of 
spoils  system). 

Supplementary  Questions.  —  i .  Did  freedom  from  foreign 
affairs  exist  in  the  first  thirty  years  of  our  national  history? 
2.  Are  we  likely  to  have  more  concern  with  such  matters  in  the 
future?  3.  Should  this  be  our  policy?  4.  Can  the  President 
proclaim  a  holiday  that  would  close  the  schools  of  California? 
(See  Cal.  Political  Code,  sec.  10.)  5.  Are  not  the  President's 
messages  communications  to  the  people  rather  than  to  Con- 
gress ?    6.  Does  the  use  of  the  veto  always  make  a  President 


THE  EXECUTIVE  DEPARTMENT  59 

popular?  7.  Recapitulate  the  arguments  in  this  chapter 
against  patronage.  8.  Can  you  find  any  evidence  to  support 
Mr.  Bryce's  judgment  on  page  51?  "  The  larger  a  community 
becomes,"  etc.  9.  Could  the  President  lead  an  army  in  per- 
son?    10.  Could  he  go  outside  the  United  States? 

3.  Bryce,  Chapter  VI.    Observations  on  the  Presidency 

Topics.  —  Main  objects  of  the  presidency  have  been 
attained.  Defects  pointed  out :  {a)  statesmen  are  lured 
into  inconsistency ;  {b)  turmoil  of  election  periods ; 
(c)  discontinuity  of  policy;  {d)  pandering  to  politi- 
cians ;  {e)  weakness  of  an  outgoing  President ;  (/)  elec- 
tion may  be  in  doubt.  Office  is,  however,  a  success. 
No  tendency  toward  monarchy.  Elections  are  grand 
reviews.     Social  life  at  Washington. 

Supplementary  Questions.  —  i .  Find,  if  possible,  evidence 
in  specific  instances  for  each  of  the  defects  pointed  out.  Can 
any  of  them  be  removed?  2.  Can  you  prove  that  the  merits 
of  the  office  outweigh  these  defects?  3.  Who  were  the  wiser 
in  regard  to  the  question  of  the  President's  title?  4.  Do 
Americans  consider  the  President's  salary  small  ?  5 .  Gather 
facts  from  reading  or  inquiry  in  regard  to  the  popular  recep- 
tion of  a  President  touring  the  country. 

4.  Bryce,  Chapter  VII.  "Why  Great  Men  are  not  chosen 

Presidents 

Topics.  —  Evidence  of  the  fact.  Reasons  in  expla- 
nation :  {a)  little  first-rate  ability  in  politics ;  (J?)  few 
opportunities  for  personal  distinction  in  Congress ; 
{c)  eminent  men  make  enemies;  {d)  the  great  man 
is  a  poor  candidate ;  {e)  great  powers  are  not  required. 
Influence    of   sectionalism.     Career    of   ex-Presidents. 


6o  THE  EXECUTIVE  DEPARTMENT 

Criticism  of  the  Presidents  in  the  three  periods.  Com- 
parison with  EngUsh  prime  ministers. 

Supplementary  Questions. —  i.  Look  up  the  lives  of  the 
Presidents  and  decide  whether  Mr.  Bryce''s  judgment  of  them 
is  satisfactory  or  not.  2.  How  would  the  direct  popular  elec- 
tion of  the  President  aflfect  the  candidacy  of  great  men? 
3.  What  states  at  the  present  have  the  best  chance  of  nomi- 
nating a  RepubHcan  candidate?  a  Democratic?  4.  Is  there 
any  reason  why  ex-Presidents  should  not  serve  in  Congress,  or 
in  state  or  municipal  offices  ? 

5.   Bryce,  Chapter  VIII.    The  Cabinet 

Topics.  —  Application  of  the  term  "  cabinet."  Con- 
stitutional mention.  History  of  the  executive  depart- 
ments. Relation  to  Congress.  Choice  of  cabinet  officials. 
The  Secretary  of  State.  The  Treasury.  Department  of 
the  Interior.  The  other  departments.  Relation  to  the 
President.  The  Cabinet  not  a  unit.  Methods  of  early 
Presidents.  Responsibility  of  the  President.  No  poHcy 
but  the  President's. 

Supplementary  Questions. —  i.  What  reasons  have  caused 
the  increase  in  cabinet  officers  ?    Is  further  increase  probable  ? 

2.  Has  agriculture  been  improved  by  having  a  cabinet  office? 

3.  What  reasons  can  you  give  for  admitting  the  secretaries  to 
the  floors  of  Congress?  What  reasons  against  it?  4.  What 
cabinet  offices  offer  the  best  opportunities  for  distinction? 
5.  Does  a  man  ever  give  up  a  place  in  Congress  to  go  into 
the  Cabinet  ?  6.  To  what  extent  should  the  appointed  officers 
of  the  United  States  be  of  the  same  political  party  as  the 
President? 

Practical  Questions.  —  Ascertain  the  names  of  the  present 
heads  of  the  executive  departments.    From  the  Congressional 


THE  EXECUTIVE  DEPARTMENT  6l 

Directory  ^  report  upon  their  public  life  previous  to  appointment. 
Discuss  any  noteworthy  acts  or  recommendations  of  present 
or  recent  officers.     What  is  the  salary  of  a  cabinet  office? 

6.  Organization  and  "Work  of    the  Executive  Depart- 
ments 

(Abridged  from  Congressional  Directory,  which  see  for  further  facts.) 

(Every  department  and  bureau  has  of  course  all  assist- 
ants, clerks,  attaches,  and  employees  necessary  for  the 
performance  of  its  duties.  For  classification,  numbers, 
etc.,  see  annual  reports  of  Civil  Service  Commission,  and 
for  names  and  addresses  of  persons  employed  see  United 
States  Roster  or  Blue  Book.) 

Cabinet  Departments 

State  Department.  —  The  Secretary  of  State  is  charged, 
under  the  direction  of  the  President,  with  duties  apper- 
taining to  correspondence  with  the  public  ministers  and 
the  consuls  of  the  United  States,  and  with  the  represen- 
tatives of  foreign  powers  accredited  to  the  United  States ; 
and  to  all  negotiations  relating  to  the  foreign  affairs  of  the 
United  States.  He  is  the  medium  of  correspondence 
between  the  President  and  the  chief  executives  of  the 
several  states;  he  is  the  custodian  of  the  great  seal  of 
the  United  States,  countersigns  and  affixes  the  seal  to  all 
executive  proclamations,  various  commissions  and  war- 
rants for  the  extradition  of  fugitives  from  justice.  He 
grants  passports,  publishes  the  laws  and  resolutions  of 
Congress,  and  is  the  custodian  of  the  laws  of  the  United 
States  and  of  treaties  with  foreign  nations.     His  annual 

1  Procure  a  copy  for  the  school  by  writing  to  the  Congressman  of 
your  district. 


62      THE  EXECUTIVE  DEPARTMENT 

reports  to  Congress  contain  information  regarding  com- 
merce received  from  the  diplomatic  and  consular  offices. 

The  Department  is  organized  under  an  Assistant  Secre- 
tary ;  a  Second  and  a  Third  Assistant ;  a  Chief  Clerk,  who 
supervises  all  clerks  and  employees ;  the  Diplomatic  Bu- 
reau, which  conducts  the  diplomatic  correspondence ;  the 
Consular  Bureau,  which  conducts  the  consular  correspond- 
ence ;  a  Bureau  of  Indexes  and  Archives,  which  opens, 
indexes,  and  registers  all  correspondence  and  preserves 
the  archives;  a  Bureau  of  Accounts,  which  has  the 
disbursement  of  appropriations,  the  custody  of  bonds, 
and  the  care  of  the  property  of  the  Department ;  a  Bu- 
reau of  Rolls  and  Library,  which  has  the  care  of  rolls, 
treaties,  laws,  and  public  documents ;  a  Bureau  of  Statis- 
tics, which  pubHshes  the  monthly  consular  reports,  special 
reports,  and  the  annual  report  to  Congress  entitled  "Com- 
mercial Relations  of  the  United  States." 

The  Diplomatic  Service  of  the  United  States  includes 
embassies  or  legations  at  the  courts  or  capitals  of  all 
foreign  nations. 

(For  list  of  officers  see  Congressional  Directory  and  Political  Alma- 
nacs. Also  lists  of  Foreign  Embassies  and  Legations  to  the  United 
States. 

The  Consular  Service  of  the  United  States  includes  Con- 
suls-General, Consuls,  Commercial  Agents,  and  Consular 
Agents  and  Clerks  at  all  foreign  cities  and  commercial 
points. 

(For  alphabetical  list  of  consulates  with  officers  in  charge  see  Con- 
gressional Directory  and  Political  Almanacs.  Also  list  of  the  Consuls 
of  other  nations  resident  in  the  cities  of  the  United  States.) 

Treasury  Department.  —  The  Secretary  of  the  Treas- 
ury is  charged  by  law  with  the  management  of  the  national 


THE  EXECUTIVE  DEPARTMENT  6^ 

finances.  He  prepares  plans  for  the  improvement  of  rev- 
enue ;  superintends  its  collection ;  prescribes  the  forms 
of  accounts ;  grants  warrants  for  all  moneys  drawn  from 
the  Treasury  in  pursuance  of  appropriations,  and  for 
the  payment  of  moneys  into  the  Treasury ;  and  annually 
submits  to  Congress  estimates  of  probable  revenues  and 
disbursements.  He  controls  the  construction  of  public 
buildings,  the  coinage  of  money,  the  collection  of  statis- 
tics, the  administration  of  the  Coast  and  Geodetic  Survey, 
Life-Saving,  Lighthouse,  Revenue  Cutter,  Steamboat 
Inspection,  and  Marine  Hospital  branches  of  the  public 
service. 

The  organization  of  the  Department  is  as  follows : 
Three  Assistant  Secretaries ;  a  Chief  Clerk,  who  super- 
vises the  duties  of  all  clerks  and  employees,  has  charge 
of  the  buildings  and  property  of  the  Department  in  Wash- 
ington, all  furniture,  repairs,  etc. ;  the  Comptroller  of  the 
Treasury,  who  prescribes  the  forms  of  keeping  and  ren- 
dering accounts,  and  decides  appeals  from  auditors ;  the 
Auditor  for  the  Treasury  Department,  who  receives  and 
examines  all  accounts  of  salaries  and  incidental  expenses 
of  the  Department,  —  arranged  in  subordinate  divisions 
of  Customs  Division,  Internal  Revenue  Division,  Public 
Debt  Division,  and  Miscellaneous  Division ;  Auditors  for 
the  War,  the  Interior,  the  Navy,  the  State,  and  other 
departments,  with  similar  duties  with  respect  to  accounts 
and  the  business  also  distributed  in  proper  divisions  (for 
the  Post  Office  this  work  includes  the  arrangement  of  all 
money  orders  by  states  and  offices  in  exact  numerical 
order,  auditing  of  accounts  of  every  postmaster,  set- 
tlement of  accounts  with  postmasters,  and  adjustment 
of  postal  accounts  with  other  countries,  the   payment 


64  THE  EXECUTIVE  DEPARTMENT 

of  all  accounts  for  transportation  of  mails,  etc.)  ;  the 
Treasurer  of  the  United  States,  who  is  charged  with  the 
receipt  and  disbursement  of  all  public  moneys  depos- 
ited in  the  Treasury  at  Washington,  and  the  sub- treas- 
uries at  Boston,  New  York,  Philadelphia,  Baltimore,  New 
Orleans,  San  Francisco,  St.  Louis,  Chicago,  and  Cincin- 
nati, and  in  the  national  bank  United  States  depositories  ; 
he  is  also  trustee  for  bonds  securing  national  bank  circu- 
lation and  other  bonds,  and  agent  for  paying  the  interest 
on  the  public  debt ;  the  Register  of  the  Treasury,  who 
signs  and  issues  all  bonds  of  the  United  States,  the  Dis- 
trict of  Columbia,  the  Pacific  railroads,  etc.,  keeps  rec- 
ords of  bonds  and  signs  all  transfers  conveying  money 
from  the  United  States  Treasury  to  the  sub-treasuries  and 
depositories ;  the  Comptroller  of  the  Currency,  who  has 
control  of  the  national  banks  -,  the  Director  of  the  Mint, 
who  supervises  the  mints  and  assay  offices.  (Two  annual 
reports  are  published  by  the  Director  of  the  Mint,  one 
for  the  fiscal  year  and  included  with  Report  of  the  Sec- 
retary of  the  Treasury,  the  other  for  the  calendar  year  and 
giving  statistics  of  the  production  of  the  precious  metals.) 
The  department  also  includes  the  Customs  Service ;  the 
Internal  Revenue  Service  under  the  supervision  of  a 
Commissioner;  the  Bureau  of  Engraving  and  Printing 
under  a  Director ;  the  Supervising  Architect's  Office ;  the 
Secret  Service  Division ;  the  Bureau  of  Statistics,  which 
publishes  statistics  of  common,  foreign,  and  domestic  com- 
merce (the  most  generally  useful  publications  are  Annual 
Report  on  Commerce  and  Navigation,  Annual  Report  on 
Internal  Commerce,  and  Annual  Statistical  Abstract  of 
the  United  States)  ;  the  Life-Saving  Service  under  a  Gen- 
eral Superintendent ;  the  Bureau  of  Navigation  under  a 


THE  EXECUTIVE  DEPARTMENT  65 

Commissioner ;  the  Office  of  Steamboat  Inspection  under 
a  Supervising  Inspector-General ;  the  Lighthouse  Board ; 
the  Coast  and  Geodetic  Survey  under  a  Superintendent 
(results  of  the  survey  are  pubUshed  in  the  form  of  annual 
reports,  bulletins,  notices  to  mariners  issued  monthly, 
harbor  charts,  coast  charts,  sailing  charts,  annual  tide 
tables,  chart  catalogues,  and  Coast  Pilots)  ;  the  Marine 
Hospital  Service  under  a  Supervising  Surgeon-General ; 
and  the  Bureau  of  Immigration  under  a  Commissioner- 
General. 

War  Department.  —  The  Secretary  of  War  performs 
such  duties  as  the  President  may  enjoin  upon  him  con- 
cerning the  miUtary  service.  He  has  supervision  of  all 
estimates  of  appropriations  for  the  army,  of  the  Military 
Academy  at  West  Point,  and  of  national  cemeteries ;  he 
has  charge  of  all  river  and  harbor  improvements,  the 
establishment  of  harbor  lines,  and  approves  the  plans 
and  location  of  bridges  authorized  by  Congress  to  be 
constructed  over  the  navigable  waters  of  the  United 
States.  He  has  an  Assistant  Secretary,  a  Chief  Clerk, 
and  necessary  subordinates. 

The  organization  of  the  Department  is  by  Military 
Bureaus,  the  chiefs  of  which  are  officers  of  the  Regular 
Army  of  the  United  States,  as  follows :  the  Adjutant- 
General,  who  promulgates  all  orders  of  a  military  char- 
acter j  the  Inspector- General,  who  supervises  inspection 
of  all  mihtary  commands ;  Quartermaster- General,  who 
provides  transportation,  clothing,  equipage,  horses,  mules, 
wagons,  vessels,  forage,  stationery,  and  other  miscella- 
neous stores,  and  all  necessary  buildings,  wharves,  roads, 
and  bridges  at  military  posts,  and  pays  guides,  spies,  and 
interpreters;  the  Commissary-General,  who  has  control 


66  THE  EXECUTIVE  DEPARTMENT 

of  the  subsistence  department;  the  Surgeon-General, 
who  has  charge  of  the  medical  department ;  the  Pay- 
master-General ;  the  Chief  of  Engineers ;  the  Chief  of 
Ordnance,  who  provides  all  artillery,  small  arms,  and 
munitions  of  war  of  every  description  for  forts,  armies, 
and  whole  body  of  miUtia  of  the  Union;  the  Judge- 
Advocate-General,  who  receives,  reviews,  and  has  a 
record  kept  of  the  proceedings  of  all  courts-martial, 
courts  of  inquiry,  and  military  commissions  (he  is  also 
a  legal  adviser  to  the  Secretary  of  War)  ;  the  Chief 
Signal  Officer,  who  sup'ervises  all  military  signal  duties, 
military  telegraph  lines,  etc. ;  and  the  Chief  of  the 
Record  and  Pension  Office,  who  has  charge  of  the 
military  and  hospital  records  of  the  volunteer  armies 
of  the  United  States. 

Navy  Department,  —  The  Secretary  of  the  Navy  per- 
forms such  duties  as  the  President  may  assign  him,  and 
has  general  superintendence  over  the  construction,  man- 
ning, equipment,  and  employment  of  vessels  of  war.  He 
has  an  Assistant  Secretary,  Chief  Clerk,  and  necessary 
subordinates. 

The  organization  of  the  Department  is  by  Naval 
Bureaus,  the  chiefs  of  which  are  officers  of  the  United 
States  Navy,  as  follows  :  the  Bureau  of  Navigation,  which 
promulgates  orders  to  the  fleets,  controls  the  education 
of  officers  and  men,  including  the  Naval  Academy,  and 
manages  the  enlistment  and  discharge  of  all  enlisted 
men ;  the  Bureau  of  Yards  and  Docks,  which  manages 
the  construction  and  maintenance  of  all  docks,  wharves, 
and  buildings  of  every  kind  within  the  navy-yards;  the 
Bureau  of  Equipment,  which  manages  the  equipment  of 
all  vessels  with  rigging,  sails,  anchors,  navigation  stores, 


THE  EXECUTIVE  DEPARTMENT  6j 

nautical  instruments,  appliances  for  lighting,  fuel,  etc. ; 
the  Bureau  of  Ordnance,  which  provides  all  offensive  and 
defensive  arms  and  apparatus ;  the  Bureau  of  Construc- 
tion and  Repair,  which  manages  everything  relating  to 
designing,  building,  and  repairing  vessels ;  the  Bureau  of 
Steam  Engineering,  which  provides  and  maintains  the 
steam  machinery  used  for  naval  vessels ;  the  Bureau  of 
Medicine  and  Surgery,  which  has  charge  of  laboratories, 
hospitals,  and  the  furnishing  of  all  medicinal  supplies; 
the  Bureau  of  Supplies  and  Accounts,  which  has  charge 
of  supplying  provisions,  clothing,  etc.  The  Department 
also  includes  the  office  of  Judge- Advocate- General,  who 
receives  and  has  a  record  kept  of  the  proceedings  of  all 
courts-martial,  courts  of  inquiry,  etc. ;  the  Marine  Corps, 
with  headquarters  at  Washington ;  and  the  Naval  Observa- 
tory, located  at  Georgetown  Heights,  Dist.  of  Columbia. 

Interior  Department. — The  Secretary  of  the  Interior 
has  the  supervision  of  pubUc  business  relating  to  patents 
for  inventions ;  pensions  and  bounty  lands ;  the  public 
lands  and  surveys;  the  Indians;  education;  railroads; 
the  Geological  Survey;  the  census;  the  Hot  Springs 
Reservation,  Arkansas;  Yellowstone  National  Park, 
Wyoming,  and  the  Yosemite,  Sequoia,  and  General 
Grant  parks,  Cahfornia;  distribution  of  appropriations 
for  agricultural  and  mechanical  colleges;  and  custody 
of  certain  hospitals  in  the  District  of  Columbia.  He 
has  also  certain  authority  in  relation  to  the  territories. 
He  has  a  First  Assistant,  an  Assistant  Secretary,  a  Chief 
Clerk,  and  needful  subordinates. 

In  the  organization  of  the  Department,  the  various 
branches,  designated  as  Offices  or  Bureaus,  are  presided 
over  by  the  following  heads  :  Commissioner  of  Patents ; 


68  THE  EXECUTIVE  DEPARTMENT 

Commissioner  of  Pensions ;  Commissioner  of  the  Gen- 
eral Land  Office ;  Commissioner  of  Indian  Affairs ; 
Commissioner  of  Education,  who  collects  and  publishes 
information  in  regard  to  education;  Commissioner  of 
Railroads,  who  receives  reports  from  roads  to  which 
the  United  States  has  granted  subsidies ;  Director  of 
the  Geological  Survey,  who  has  charge  of  the  classifica- 
tion of  the  pubHc  lands  and  the  examination  of  the 
geological  structure,  mineral  resources,  and  products  of 
the  national  domain ;  and  the  Superintendent  of  the 
Census.  (The  eleventh  census,  1890,  embraced  the 
population,  wealth,  and  industry  of  every  state  and 
territory ;  special  inquiries  in  regard  to  recorded  indebt- 
edness ;  and  investigations  in  regard  to  the  manufactur- 
ing, railroad,  fishing,  mining,  cattle,  and  other  industries 
of  the  country.) 

Post- Office  Department. — The  Postmaster-General  has 
the  direction  of  this  Department.  He  appoints  all  offi- 
cers and  employees  of  the  Department,  except  the  four 
Assistant  Postmasters-General,  who  are  appointed  by  the 
President ;  appoints  all  postmasters  whose  compensation 
does  not  exceed  ^1000;  makes  postal  treaties  with  the 
approval  of  the  President,  and  awards  contracts. 

The  Department  is  organized  under  the  four  Assist- 
ants, as  follows : 

The  First  Assistant  Postmaster-General  has  charge 
of  the  following  divisions :  Salary  and  Allowance,  Free 
Delivery,  Post-Office  SuppHes,  Money-Order,  Dead- Letter 
Office,  and  Correspondence. 

The  Second  Assistant  Postmaster- General  has  charge 
of  the  transportation  of  the  mails,  which  is  managed  by 
the   following  divisions :    Contract  Division,  Inspection, 


THE  EXECUTIVE  DEPARTMENT  69 

Railway  Adjustment,  Mail  Equipments,  Railway  Mail 
Service,  and  the  Office  of  Foreign  Mails. 

The  Third  Assistant  Postmaster-General  has  charge 
of  matters  belonging  to  the  following  divisions  :  Finance, 
Postage  Stamps  and  Stamped  Envelopes,  Registered  Let- 
ters, Mail  Classification,  the  Division  of  Files,  Mails,  etc., 
and  the  Special  Delivery  System. 

The  Fourth  Assistant  Postmaster-General  has  charge 
of  the  divisions  of  Appointments,  Bonds  and  Commis- 
sions, and  Post-Office  Inspection  and  Mail  Depreda- 
tions. 

Department  of  Justice.  — The  Attorney-General  is  head 
of  this  Department.  He  represents  the  United  States  in 
legal  matters ;  gives  his  opinion  on  questions  of  law  when 
required  by  the  President;  and  exercises  superintend- 
ence over  United  States  attorneys  and  marshals  in  all 
the  states  and  territories.  He  is  assisted  by  a  Chief 
Clerk,  other  clerks  and  employees,  a  Solicitor-General, 
four  Assistant  Attorneys-General,  and  other  assistant 
attorneys.  These  assistants  argue  cases  in  the  Supreme 
Court,  defend  the  United  States  in  the  Court  of  Claims, 
etc. 

Department  of  Agriculture,  —  The  Secretary  of  Agri- 
culture is  charged  with  the  supervision  of  public  business 
relating  to  agricultural  industries.  He  is  aided  by  an 
Assistant  Secretary,  a  Chief  Clerk,  and  other  clerks  and 
employees.  The  work  and  organization  of  the  Depart- 
ment may  be  seen  from  the  following  list  of  bureaus 
and  divisions :  The  Weather  Bureau,  which  has  stations 
throughout  the  United  States  for  recording  and  forecast- 
ing the  weather;  Bureau  of  Animal  Industry,  which 
investigates  animal  diseases;    the  Statistician,  who  col- 


yO  THE  EXECUTIVE  DEPARTMENT 

lects  and  publishes  information  in  regard  to  crops ; 
Division  of  Accounts  and  Disbursements ;  Division  of 
Chemistry ;  Office  of  Experiment  Stations,  which  con- 
ducts the  correspondence  with  agricultural  colleges  and 
experiment  stations  in  the  various  states  and  territories ; 
the  Entomologist,  who  studies  insects  injurious  to  vege- 
tation ;  Division  of  Biological  Survey,  which  studies  the 
geographical  distribution  of  plants  and  animals ;  Division 
of  Forestry ;  Division  of  Botany  ;  Division  of  Agrostology, 
which  investigates  grasses  and  forage  plants  ;  the  Pomol- 
ogist,  who  collects  information  in  regard  to  fruit  indus- 
tries ;  Division  of  Vegetable  Physiology  ;  Office  of  Fibre 
Investigations,  which  investigates  textile  plants ;  Office 
of  Road  Inquiry,  which  studies  systems  of  road  manage- 
ment ;  Division  of  Publication ;  and  the  Division  of  Gar- 
dens and  Grounds,  which  has  charge  of  the  park  and 
conservatories  around  the  Department  buildings. 

Not  included  in  the  Cabinet  Departments 

Department  of  Labor ,  in  charge  of  a  Commissioner  of 
Labor,  who  collects  and  pubUshes  information. 

Civil  Service  Commission,  composed  of  three  Commis- 
sioners, who  are  charged  with  making  rules  and  regula- 
tions to  aid  the  President  in  the  Civil  Service  of  the 
United  States. 

Commission  of  Fish  and  Fisheries ,  in  charge  of  a  Com- 
missioner. 

Interstate  Commerce  Commission,  composed  of  five 
Commissioners. 

Government  Printing  Office,  in  charge  of  the  Public 
Printer. 

Board  of  Geographic  Names,  composed  of  officers  of 


THE  EXECUTIVE  DEPARTMENT  7 1 

the  Geological  Survey,  Coast  and  Geodetic  Survey,  Army 
and  Navy  officers,  and  others. 

Bureau  of  American  Republics  for  the  collection  and 
distribution  of  commercial  information  among  the  Ameri- 
can republics. 

Intercontinental  Railway  Commission,  composed  of 
three  Commissioners,  who  are  charged  with  conducting 
surveys  and  making  reports  for  an  intercontinental  rail- 
way. 

To  these  may  be  added  the  Library  of  Congress ;  the 
Smithsonian  Institution,  which  has  in  charge  also  the 
National  Museum,  Bureau  of  American  Ethnology,  Inter- 
national Exchanges,  the  National  Zoological  Park,  and 
the  Astrophysical  Observatory;  the  National  Home  for 
Disabled  Volunteer  Soldiers,  and  the  Soldiers'  Home. 

References  on  the  Executive  Departments 

Lalor.  Cyclopedia.  Articles  on  Administrations,  Con- 
firmation by  the  senate.  Executive,  Treasury  department, 
War  department,  etc. 

Guggenheimer.  Development  of  the  executive  depart- 
ments (1775-89).  (In  Jameson.  Essays  in  constitu- 
tional history.) 

Schouler.     United  States,  V  :  Index. 

Palmer.     Historical  register.  III ;  23-52  (1814). 

Schuyler.     American  diplomacy,  chs.  i-iii. 

Young.     American  statesman,  70-77. 

Dawes.     How  we  are  governed. 

Boyd.     Political  history,  208-270. 

Bannatyne.     Republican  institutions. 

Brown  and  Strauss.     Dictionary  of  politics. 

Brooks.     How  the  republic  is  governed. 


72  THE  EXECUTIVE  DEPARTMENT 

Wilson.     Congressional  government. 

Hinsdale.     American  government,  ch.  xxxiii. 

Elmes.     United  States  executive  departments,  1879. 

Harrison.     This  country  of  ours. 

Ford.     American  citizens'  manual,  II :  ch.  ii. 

Also  Encyclopedias,  Statistician,  Political  almanacs. 
Congressional  directory.  Federal  blue  book,  and  United 
States  revised  statutes. 

7.  Topics  for  Original  Investigation 

Practical  work  can  be  carried  on  as  follows : 

I.  Consult  the  City  Directory  (Index  or  Table  of  Con- 
tents) of  your  city,  or  the  city  nearest  to  you,  and  make 
a  list  of  all  the  United  States  officials.  Then  by  indi- 
vidual visit  or  inquiry  make  reports  to  the  class  upon 
the  business  done  regularly  in  every  such  office.'  The 
work  of  every  one  of  the  Cabinet  Departments,  except 
the  State  Department,  can  thus  be  studied  in  California. 

II.  Obtain  government  reports  from  your  Public  Li- 
brary, or  direct  from  Washington,  and  from  these  make 
reports  upon  some  feature  of  the  department,  or  work 
out  answers  to  some  question  of  home  interest. 

III.  Make  reports  upon  the  laws  that  govern  the  work 
of  particular  branches  of  the  public  service,  as  the  postal 
regulations,  the  coinage  laws,  etc. 

IV.  Work  out  answers  to  particular  questions,  as  the 
following : 

1.  How  would  you  obtain  a  passport  for  foreign  travel? 

2.  With  what  countries  does  California  have  the  most 

commerce  ? 

3.  What  goods  are  received  from  each  one?    Of  what 


THE  EXECUTIVE  DEPARTMENT  73 

annual  value?  How  are  they  paid  for?  (Annual 
reports  of  the  Secretary  of  the  San  Francisco 
Chamber  of  Commerce,  and  annual  editions  of 
the  Journal  of  Commerce  will  be  of  use.) 

4.  Give  instances  of  the  payment  of  duties  on  imported 

goods  ?     Where  is  the  payment  made  ? 

5.  What  policy  in  regard  to  foreign  trade  now  prevails 

in  the  United  States?  Find  instances  of  duties 
that  go  to  prove  this. 

6.  Who  is  the  Collector  of  Customs  at  your  nearest  port  ? 

What  officers  assist  him  or  cooperate  with  him? 

7.  Who  is  the  Collector  of  Internal  Revenue  of  your 

district?    Where  is  his  office? 

8.  Find  illustrations  of  the  collection  of  internal  revenue. 

9.  What  metals  are  now  coined  at  the  United  States 

Mint? 

10.  Ascertain  the  following  facts  about  our  coins :  de- 

nominations now  coined,  weight,  fineness,  legal 
tender  quahty,  amounts  in  circulation. 

1 1 .  What  is  the  commercial  value  of  a  silver  dollar  ?   (See 

silver  market  quotations  in  the  daily  newspapers.) 

12.  Are  silver  coins  exchangeable  for  gold? 

13.  What  other  kinds  of  money  are  in  circulation?     De- 

scribe each. 

14.  Procure  a  chart  of  the  nearest  harbor.     What  in- 

formation does  it  give? 

15.  What  lighthouses   are  there  on  the  coast  of  Cali- 

fornia ? 

16.  What  army  posts  are  there  in  California?     Report 

upon  fortifications,  equipment,  number  of  men, 
etc. 

17.  What  are  the  rates  of  the  United  States  postage? 


74  THE  EXECUTIVE  DEPARTMENT 

Do  the  postal  revenues  pay  the  expenses  of  the 
Post  Office  Department? 

1 8.  What  are  the  methods  of  sending  money  by  mail? 

19.  What  vessels  of  the  United  States  Navy  have  you 

seen?    Give  descriptions. 

20.  Inspect  a  copy  of  the  Nautical  Almanac.     What  in- 

formation does  it  give  ?    Who  make  use  of  it  ? 

21.  Has  any  boy  of  your  acquaintance  been  appointed 

to  the  Military  Academy?  to  the  Naval  Academy  ? 
If  so,  report  upon  his  training. 

22.  What  work  is  carried  on  at  the  navy  yard  at  Mare 

Island  ? 

23.  How  is  a  patent  obtained?  a  copyright? 

24.  To  whom  does  the  United  States  pay  pensions  at  the 

present  time  ? 

25.  What. Indian  reservations  are  there  in  CaHfomia? 

26.  Inspect  the  last  report  of  the  Commissioner  of  Edu- 

cation and  report  upon  the  kind  of  information 
therein  collected. 

27.  Notice  the  reports  of  the  Weather  Bureau  in  the 

daily  newspapers.  To  whom  are  these  announce- 
ments valuable? 

28.  What  work  is  carried  on  at  the  agricultural  experi- 

ment station  in  CaHfornia? 

29.  Report  upon  any  other  matters  of  United  States  ex- 

ecutive business. 

30.  Do  you  know  of  anything  which  the  United  States 

government  ought  to  do,  and  which  it  is  not  now 
doing?  Is  the  work  that  you  have  observed  effi- 
ciently performed?  Is  it  done  more  efficiently 
and  economically  than  similar  work  by  your  city 
or  county  ? 


THE  LEGISLATIVE  DEPARTMENT 


75 


Review  the  work  of  this  chapter  in  the  following  form 
United  States  Executive  Departments 


Department 

Official  Head  and 

HIS  Functions 


Divisions  and 
Bureaus 


Business  of 
Divisions 


To  what  Extent 

INCLUDED  IN  CLAS- 
SIFIED Service^ 


CHAPTER  VI 

THE   LEGISLATIVE  DEPARTMENT 
1.  Bryce,  Chapters  IX-XI.    The  Senate 

Chapter  IX.  The  Senate.  Topics.  —  Composition  of 
the  Senate.  Its  functions.  Equality  of  the  states.  The 
Senate  a  link  between  the  federal  and  state  governments. 
Election  of  senators  ;  it  has  ceased  to  be  indirect.  Ten- 
ure of  office ;  difference  between  large  and  small  states. 
Permanency  of  the  Senate.  Money  bills  in  the  Senate. 
No  rule  of  closure.  Method  of  voting.  Secrecy  of  execu- 
tive session. 

Chapter  X.  The  Senate  as  an  Executive  and  Judicial 
Body.    Topics.  —  Executive  functions  of  the  Senate.    In- 

1  See  last  report  of  Civil  Service  Commission. 


76  THE  LEGISLATIVE  DEPARTMENT 

fluence  in  foreign  policy.  Power  of  amending  treaties. 
Control  of  appointments.  Judicial  functions.  History 
of  impeachments.     Value  of  impeachment. 

Chapter  XI.  The  Senate:  its  Working  and  Influ- 
ence. Topics.  —  Five  aims  in  the  creation  of  the  Senate. 
Hopes  fulfilled.  The  Senate  a  happy  accident.  At  first 
an  executive  body.  Present  character  the  result  of  evo- 
lution. Success  of  the  Senate.  Intellectual  supremacy. 
Source  of  its  power.  Advantage  of  small  numbers.  Com- 
parative permanence.  Explanation  of  superior  abiUty. 
The  Senate  chamber.  Procedure.  Speeches.  Wealth  of 
senators.  Social  pretensions.  Over-praise  of  the  Sen- 
ate. Comparison  with  the  English  houses  of  ParHament. 
The  Senate  a  moderating  power  and  a  bulwark  against 
agitation. 

Supplementary  Questions.  —  i .  Find  the  particular  sections 
and  clauses  of  the  Constitution  that  establish  the  Senate  and 
give  it  its  powers.  2.  Is  the  Senate  an  upper  house?  3.  Has 
state  equality  in  the  Senate  been  a  benefit?  Is  it  a  ben- 
efit now?  Can  it  ever  be  changed?  (See  Constitution, 
Art.  V,  end.)  4.  What  are  the  evils  of  the  election  of 
senators  by  state  legislatures?  Shall  we  adopt  election 
by  popular  vote?  5.  Ought  the  Senate  to  adopt  a  rule  for 
closure  of  debate?  6.  Ought  the  two-thirds  majority  for 
treaty  ratification  to  be  abandoned?  Has  it  been  harmful 
in  any  instance?  7.  Show  how  the  entire  withdrawal  of  the 
appointive  officers  of  the  country  from  partisan  politics  would 
improve  both  the  Presidency  and  the  Senate.  8.  Consult 
Hinsdale's  American  Government  for  exact  record  of  impeach- 
ment cases.  9.  How  can  a  senator  be  removed?  10.  Ought 
a  senator  to  receive  directions  from  his  constituents  in  regard 
to  his  official  acts?  11.  Are  Mr.  Bryce's  statements  about 
the  ability  of  the  Senate  true  at  the  present  time?    12.  What 


THE  LEGISLATIVE  DEPARTMENT  yy 

evidence  can  you  find  showing  that  public  men  prize  a  senator- 
ship  above  the  office  of  representative  ? 

Practical  Questions.  —  i.  Who  are  the  present  senators 
from  California?  Give  a  brief  account  of  each  one,  —  his 
place  of  residence,  occupation,  education,  previous  public 
service,  etc.  (Consult  Congressional  Directory.)  2.  What 
members  of  the  present  Senate  have  had  the  greatest  length 
of  service?  From  what  states  do  they  come?  3.  Find  evi- 
dence of  the  Senate's  power  of  amendment  in  recent  tariiF  or 
appropriation  bills.  4.  How  are  Presidential  appointments  in 
California  managed  at  the  present  time?  How  important  is 
the  influence  of  the  senators?  5.  What  is  CaHfornia's  record 
in  regard  to  electing  rich  men  to  the  Senate?  6.  Locate  the 
seats  of  the  California  senators.  Are  they  well  placed?  (See 
Congressional  Directory,  Senate  diagram  and  directory.) 


2.  Bryce,  Chapters  XII-XIII.    The  House  of 
Representatives 

Chapter  XII.  The  House  of  Representatives.  Topics. 
—  Composition  of  the  House.  Mode  of  election.  Appor- 
tionment. Qualification  of  electors.  Sessions  of  Con- 
gress. Cost  of  elections.  Character  of  members ;  their 
education  and  wealth.  Exclusive  powers  of  the  House. 
Procedure  in  business.  Seating.  Methods  of  voting. 
Rules  of  debate.  Filibustering  and  its  checks.  Crowds 
of  bills.  Comparison  of  the  Speaker  with  his  English 
example.     Committees.     Dignity  of  the  Speaker's  office. 

Chapter  XIII.  The  House  at  Work.  Topics. — The 
hall  of  the  Representatives.  Disorder,  noise,  and  lack 
of  attention.  Effects  upon  oratory  and  debating.  Inter- 
est taken  in  money  bills.  Inferiority  of  many  measures 
introduced.  Lack  of  party  discipline.  Leadership  of 
the  chairman  of  the  Ways  and  Means  committee.     The 


78  THE  LEGISLATIVE  DEPARTMENT 

minority.      Leadership    by   committee   chairmen.      Im- 
pressiveness  of  the  House. 

Supplementary  Questions.  —  i.  Find  the  sections  and 
clauses  of  the  Constitution  that  provide  for  the  House  of 
Representatives  and  the  apportionment  of  representation. 
2.  What  suifrage  is  favored  for  the  election  of  represen- 
tatives in  Am.  XIV?  What  was  the  purpose  of  this?  Was 
it  wise?  3.  Is  not  the  long  interval  between  the  election  and 
the  seating  of  a  House  a  great  evil?  4.  Ascertain  the  mean- 
ing of  "the  previous  question"  and  discuss  its  use  in  the 
House.  5 .  Find  the  record  of  some  instance  of  "  filibuster- 
ing." What  was  accomplished  by  it  ?  How  can  it  be  pre- 
vented? (Suppose  that  a  majority  of  the  total  membership 
were  required  for  passing  a  bill,  what  would  be  the  effect?) 
6.  Make  a  study  of  the  origin  and  growth  of  the  Speaker's 
power.  (See  Follett's  Speaker  of  the  House  of  Representa- 
tives and  Hart's  Practical  Essays.)  7.  Make  out  a  list  of 
reasons  why  there  is  more  oratory  in  the  Senate  than  in  the 
House.  8.  What  would  be  the  gain  if  there  were  more  real 
debating  in  the  House?  9.  What  great  questions  are  there 
now  awaiting  congressional  action  ?  Is  there  any  evidence  of 
inability  to  handle  them?  10.  Find  a  description  of  some 
European  body,  as  the  French  Chamber  of  Deputies,  or  the 
English  House  of  Commons,  and  compare  with  the  House  of 
Representatives. 

Practical  Questions.  —  i.  How  many  representatives  has 
California?  2.  What  are  the  districts ?  3.  Are  they  equal  in 
area?  4.  In  which  district  do  you  live?  5.  Who  is  the  rep- 
resentative? 6.  For  what  ability  or  public  service  was  he 
known  before  his  election  as  representative?  7.  What  has 
he  done  in  Congress?  8.  What  is  the  population  of  your 
district?  9.  What  is  the  population  of  Nevada?  10.  Why 
is  Nevada  allowed  one  representative?  (See  Constitution, 
Art.  I,  sec.  2.)  11.  How  many  members  are  there  in  the  pres- 
ent House?     12.  How  many  make  a  quorum  ?     13.  A  quorum 


THE  LEGISLATIVE  DEPARTMENT  jrg 

being  present,  how  many  "Yeas"  will  carry?  14.  Who  vote 
for  representatives  in  California?  in  Colorado?  in  Massa- 
chusetts? (See  Political  Almanacs,  Suffrage.^  15.  Ascer- 
tain the  ages,  occupations,  education,  and  previous  public  ser- 
vices of  the  present  California  representatives.  Do  the  facts 
confirm  Mr.  Bryce's  comments?  16.  When  did  the  present 
(or  last)  session  of  Congress  begin?  17.  Is  (or  was)  it  the 
long  or  short  session?  18.  Find  the  location  of  the  seat  of 
your  representative  in  the  hall.  Is  he  well  placed  for  gaining 
attention?  (See  Congressional  Directory,  House  diagram 
and  directory.^ 

Questions  on  Table  of  Apportionment 
I.  At  each  apportionment,  what  state  has  stood  first  in 
number  of  representatives?  2.  What  states  have  shown  the 
most  rapid  increase,  and  at  what  periods?  3.  What  states 
have  ever  shown  decline  ?  To  what  causes  should  decline  in 
the  number  of  representatives  be  ascribed?  4.  Compute  the 
total  area  of  the  original  states,  and  determine  the  average 
area  for  one  representative.  Find  the  average  at  the  present 
time.  Is  it  greater  or  less  than  at  the  beginning?  5.  At 
the  beginning  the  ratio  of  representatives  to  population  was 
estimated  at  i  to  30,000;  what  is  that  ratio  now?  6.  What 
states  have  now  the  greatest  density  of  population?  7.  In 
the  original  apportionment,  what  was  the  smallest  number  of 
states  that  together  had  a  majority  of  the  representatives? 
Was  there  real  ground  for  the  fears  of  the  small  states,  as 
exhibited  in  the  constitutional  convention?  8.  Compare 
the  representative  strength  of  the  seceding  with  that  of 
the  Union  states  in  1862.  9.  Compute  the  representative 
strength  of  each  of  the  five  groups  of  states  as  given  by  Mr. 
Bryce,  p.  287.  The  total  membership  of  the  House  remain- 
ing the  same,  which  group  will  show  an  increase  after  the 
next  census?  -lo.  Upon  what  conditions  must  any  further 
gain  by  California  depend?  11.  Make  use  of  the  following 
table  for  similar  questions  on  presidential  elections. 


80 


THE  LEGISLATIVE  DEPARTMENT 


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THE  LEGISLATIVE  DEPARTMENT 


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82  THE  LEGISLATIVE  DEPARTMENT 


3.  Bryce,  Chapters  XIV-XVIII.    Congressional  Powers 
and  Methods 

Chapter  XIV.    The  Committees  of  Congress.    Topics. — 

History  of  standing  committees.  Senate  committees. 
House  committees.  Mode  of  appointment.  Reference 
and  consideration  of  bills.  Secrecy  of  meetings.  Results 
of  the  system. 

Chapter  XV.  Congressional  Legislation.  Topics. — 
Classification  of  legislation.  Points  of  criticism.  Present 
English  methods  in  legislation.  Comparison  of  American 
methods.  Judgments  expressed.  Value  of  Senate  revision 
and  of  review  by  the  President. 

Chapter  XVI.  Congressional  Finance.  Topics. — 
Sources  of  revenue.  The  English  budget.  Reports 
of  United  States  Secretary  of  the  Treasury.  Discus- 
sion of  revenue  measures.  Division  in  the  management 
of  appropriations.  History  of  revenue  bills.  Results  of 
American  methods.  How  the  war  debt  has  been  paid 
off.     Congressional  extravagance. 

Chapter  XVII.  The  Relations  of  the  Two  Houses. 
Topics.  —  Reasons  for  having  two  houses.  Comparison 
of  membership.  The  large  and  the  small  states.  Cause 
of  real  differences  between  the  houses.  European  objec- 
tion to  a  second  chamber.  Equality  and  coordination  of 
the  houses.     Greater  strength  of  the  Senate. 

Chapter  XVIII.  General  Observations  on  Congress. 
Topics.  —  Three  important  points  in  the  discussion  of 
Congress.  Reasons  for  the  district  election  of  repre- 
sentatives. Resulting  evils.  Pay  of  congressmen.  Con- 
ditions of  congressional  tenure.  Democratic  notions  about 
offices.     Efficiency  weakened  by  frequency  of  elections. 


THE  LEGISLATIVE  DEPARTMENT  83 

Numbers  compared.  Attention  to  duties.  Lack  of  oppor- 
tunity for  distinction.  Chances  for  the  Presidency.  Eng- 
lish methods  of  leadership.  American  caucus  system. 
Party  spirit. 

Supplementary  Questions.  —  i.  Can  the  evils  of  the  com- 
mittee system  be  corrected  without  changing  the  form  of  the 
government  ?  2.  Can  any  better  way  be  suggested  of  bring- 
ing about  cooperation  between  the  legislative  and  the  execu- 
tive departments  ?  of  directing  legislation  ?  3.  Under  what 
circumstances  is  a  system  of  committees  valuable  ?  (Consider 
the  proceedings  of  a  convention,  the  work  of  a  High  School 
Athletic  Association,  etc.)  4.  What  is  the  conclusion  worked 
out  from  the  comparison  of  English  and  American  methods 
in  legislation  ?  5.  Ought  not  a  far  greater  allowance  to  be 
made  for  the  scrutiny  of  House  bills  in  the  Senate,  and  vice 
versa  f  6.  Can  you  bring  forward  any  specific  evidence  of 
unsuitable  legislation  by  Congress  ?  7.  Would  the  English 
system  in  our  country  give  any  better  results  ?  8.  What 
reforms  are  needed  in  our  management  of  revenue  and 
expenditures  ?  9.  Are  any  constitutional  governments  at 
the  present  time  maintained  with  a  legislature  of  a  single 
house  ?  (See  Statesman's  Year  Book.)  10.  Can  you  find 
any  instance  where  the  bills,  or  resolutions,  of  one  house 
have  been  improved  by  amendments  in  the  other  ?  11.  Are 
you  in  favor  of  maintaining  both  houses  of  Congress  as  they 
are  now  constituted  ?  12.  Compare  the  relations  of  our 
Senate  and  House  with  the  relations  of  the  corresponding 
bodies  in  Germany  or  France.  13.  Shall  we  dispense  with 
the  popular  requirement  that  congressmen  must  be  residents 
of  their  districts  ?  14.  What  would  be  the  effect  of  abolish- 
ing the  pay  of  congressmen  ?  15.  How  can  the  notion 
be  corrected  that  one  man  is  as  fit  as  another  for  office  ? 

16.  Ought  the  term  of  representatives  to  be  lengthened  ? 

17.  What  Presidents  have  served  in  Congress  ?  18.  Why 
are  caucuses  necessary  ? 


84  THE  LEGISLATIVE  DEPARTMENT 

Practical  Questions.  —  i .  On  what  standing  committees  are 
the  senators  from  California  ?  the  congressman  from  your  dis- 
trict ?  (See  Congressional  Directory.)  2.  From  Treasury 
reports  ascertain  the  amounts  of  revenue  and  expenditure 
for  recent  years.  Determine  the  following :  a.  What  are  the 
chief  sources  of  revenue  ?  b.  What  are  the  chief  items  of 
expenditure  ?  c.  In  case  a  deficit  is  shown  in  balancing, 
could  it  have  been  prevented  ?  d.  What  is  the  present 
condition  of  the  debt  ?  e.  Ought  the  debt  to  be  paid  off  ? 
/.  What  lines  of  expenditure  are  increasing  most  rapidly  ? 
g.  Is  this  desirable  ?  3.  What  is  the  smallest  list  of  states 
that  together  have  a  majority  of  the  representatives  ?  Are 
they  ever  likely  to  combine  upon  a  particular  measure? 
Reasons  why  there  has  never  been  a  collision  between  large 
and  small  states. 

4.  niuBtrations  of  United  States  Legislation 

The  general  laws  of  the  United  States  are  accessible  as 
follows : 

United  States  Revised  Statutes,  2d  ed.,  1878. 
Supplement  to  the  Revised  Statutes,  ist  ed.,  1881. 
Supplement  to  the  Revised  Statutes,  2d  ed.,  1891. 

Abstracts  of  the  statutes  upon  particular  topics,  as  Naturaliza- 
tion, Copyright,  etc.,  are  printed  in  many  forms,  notably  Political 
Almanacs,  annually  published  by  many  newspapers,  e^.  The  New 
York  World. 

The  acts  of  Congress  from  year  to  year  are  published 
under  the  direction  of  the  Secretary  of  State,  as  follows  : 

1.  Statutes  of  the  United  States,  for  each  session  of 
Congress. 

2.  United  States  Statutes  at  Large,  for  each  Congress. 

Each  of  these  publications  contains  all  the  acts  of  Congress, 
together  with  all  joint  resolutions,  recent  treaties  entered  into  by 


THE  LEGISLATIVE  DEPARTMENT 


85 


the  United  States,  and  important  executive  proclamations.  Acts  of 
Congress  are  arranged  under  two  groups,  —  "  Public  Laws  of  the 
United  States  "  and  "  Private  Laws  of  the  United  States." 

Copies  of  the  United  States  Statutes  may  commonly  be  found  in 
public  libraries,  distributed  by  the  government. 

The  full  text  of  current  legislation  is  often  supplied  by  the  news- 
papers, especially  in  the  form  of  extra  editions  or  supplements,  e.g. 
«*  War  Revenue  Law  "  and  "  Bankruptcy  Law,"  1898,  published  in 
full  by  the  Brooklyn  Eagle. 

From  these  sources  look  up  and  make  reports  upon 
the  form  and  contents  of  the  legislation  on  such  topics 
as  the  following :  Army,  Navy,  MiHtia,  Flag  and  Seal, 
Citizenship,  Coinage,  Territories,  Public  Lands,  Postal 
Service,  Naturalization,  Regulation  of  Commerce,  Navi- 
gation, Merchant  Seamen,  Coast  Survey,  Patents,  Tariff, 
Internal  Revenue,  District  of  Columbia. 

Review  the  work  of  this  chapter  in  the  following  forms : 
California's  Representation  in  Congress 

REPRESENTATIVES 


Districts 

(Give  list  of 
counties) 

Representative 
18- 

Residence 

Profession  and 

Previous  Public 

Service 

I. 

II. 

III. 

IV. 

V. 

VI. 
VII. 

86        THE  LEGISLATURE  AND    THE  EXECUTIVE 


SENATE 


Senators 

Date  of  Elec- 
tion —  Term 

Residence 

Profession  and 

Previous  Public 

Service 

Work  of  Present  Congress 

1.  Important  bills  introduced. 

2.  Laws  enacted. 

3.  Resolutions  or  other  congressional  acts. 


CHAPTER  VII 

THE  LEGISLATURE  AND  THE  EXECUTIVE 

1.  Bryce,  Chapters  XIX,  XX.    The  President  and 
Congress 

Chapter  XIX.  The  Relations  of  Congress  to  the  Presi- 
dent. Topics. — The  President's  message.  Custom  of 
written  messages.  Isolation  of  the  executive  officers 
from  Congress.  Means  of  influencing  Congress.  Power 
of  committees  to  command  information.  Intimidation 
of  the  President,  and  his  defence.  Control  of  appropria- 
tions.    "  Riders."     Veto  of  particular  clauses. 

Chapter  XX.  The  Legislature  and  the  Executive. 
Topics. — Fundamental  characteristic  of  the  national  gov- 


THE  LEGISLATURE  AND   THE  EXECUTIVE      87 

emment.  Legislative  absorption  of  the  executive.  Three 
correctives.  Policy  of  the  founders.  The  real  results. 
The  veto  a  protection  to  the  executive.  Foreign  affairs. 
The  President's  strength.     Balance  of  powers  a  success. 

Supplementary  Questions.  —  i.  Find  examples  in  history 
of  Congress  attempting  to  coerce  the  President ;  of  the  Presi- 
dent attempting  to  control  Congress.  How  far  were  these 
attempts  successful?      Did  they  lead  to  permanent  results? 

2.  How   can    the    management   of   finance    be    improved? 

3.  Why  do  we  not  amend  the  Constitution,  as  suggested  by 
President  Hayes  ?  4.  Is  the  separation  and  balancing  of  the 
departments  a  mistake?  5.  Show  how  the  encroachment  of 
a  legislature  upon  the  executive  is  illustrated  in  English  his- 
tory. Is  it  found  in  any  other  history?  6.  Why  were  the 
founders  so  terribly  afraid  of  a  strong  executive?  What 
traces  of  this  fear  still  survive?  7.  Does  Mr.  Bryce  over- 
estimate the  power  of  the  veto?  8.  What  gave  Caesar  his 
superiority  over  the  Roman  Senate?  Cromwell  over  the 
Parliament?  Are  these  instances  apropos  in  America? 
9.  Suppose  that  senators  were  popularly  elected  and  the 
President  were  given  power  to  dissolve  Congress,  —  a  new 
election  to  follow  at  once, — should  we  not  have  a  preventive  of 
legislative  encroachment?    Would  you  favor  this  innovation? 

Practical  Questions.  —  i .  What  members  of  the  present 
Cabinet  have  served  in  Congress?  2.  Can  any  greater  effi- 
ciency or  influence  be  traced  to  this  experience? 


2.  References  on  the  English  Ministerial  System 

Sears.     Governments  of  the  world  to-day,  73-97. 
Fonblanque.     How  we  are  governed,  letters  v-viii. 
Smith.     English  parhament,  II :  581-599. 
Macy.     English  constitution,  ch.  vi. 
Wilson.    The  state,  sec.  678,  etc. 


88  THE  JUDICIAL  DEPARTMENT 

Amos.     English  constitution. 

Escott.  England,  ch.  xxii  (House  of  Commons)  ;  ch. 
xxiii  (House  of  Lords). 

Daryl.      Public  life  in  England,  89-1 78. 

Good  form  in  England,  ch.  iv. 

Porritt.     The  Enghshman  at  home. 

Taylor.  Origin  and  growth  of  the  EngHsh  constitu- 
tion, bk.  vii. 

Bagehot.     English  constitution. 

Medley.     English  constitutional  history. 

Todd.     Parliamentary  government,  vol.  II. 

Anson.     Law  and  custom  of  the  constitution,  2  vols. 

See  also  Statesman's  Year  Book  and  Whitaker's  Almanac. 

Questions  for  Essay  Work^or  Debate 

1.  Ought  the  congressional  committee  system  to  be 
abandoned  ? 

2.  Does  the  country  need  a  stronger  executive? 

3.  Ought  the  Speaker  to  be  considered  a  Premier? 

4.  Is  the  English  Parliament  more  responsive  to  popu- 
lar will  than  the  American  Congress  ? 

5 .  Should  the  cabinet  officers  be  members  of  Congress  ? 


CHAPTER  VIII 

THE  JUDICIAL   DEPARTMENT 

1.   Bryce,  Chapter  XXI.    The  Federal  Courts 

Topics.  —  Need  of  federal  courts.  Merits  of  the  sys- 
tem. Organization.  The  Supreme  Court.  Need  of 
life  tenure.     Sessions  of  the  Supreme  Court.     The  Cir- 


THE  JUDICIAL  DEPARTMENT  89 

cuit  Courts.  The  District  Courts.  Claims.  Jurisdiction 
of  federal  courts.  Appeals  from  state  courts.  Cases  of 
ambassadors ;  admiralty ;  controversies  of  the  United 
States;  controversies  between  states  or  citizens  of  dif- 
ferent states.  Amendment  XI.^  Original  jurisdiction  of 
the  Supreme  Court.  Relation  of  the  state  courts. 
Criminal  jurisdiction.  Procedure.  Ministerial  officers. 
The  district  attorney.  Complexity  of  our  twofold  sys- 
tem of  courts. 

Supplementary  Questions.  —  i.  Consult  the  Constitution, 
Art.  Ill,  and  the  amendments  for  every  point  in  regard  to 
the  courts.  2.  So  far  as  possible  find  illustration  of  juris- 
diction by  means  of  actual  cases.  3.  What  is  said  in  the 
Constitution  about  jury  trials  ? 

Practical  Questions.  —  i .  Ascertain  the  present  member- 
ship of  the  Supreme  Court  and  report  any  facts  available 
in  regard  to  the  justices.  2.  What  states  compose  the 
Ninth  Circuit?  Who  are  circuit  judges  therein?  3.  What 
District  Courts  are  there  in  California  ?  their  location  ?  names 
of  the  district  judges,  attorneys,  and  marshals  ?  (See  Political 
Almanacs.)  4.  How  are  attorneys  and  marshals  appointed, 
and  what  is  their  tenure  ?  5 .  Has  the  United  States  any  jails  ? 
What  does  it  do  with  its  prisoners  ?  6.  Who  serve  as  jury- 
men? 7.  Are  there  United  States  grand  juries?  8.  In  1893 
the  Attorney-General  of  California  brought  suit  (original)  in 
the  United  States  Supreme  Court  against  the  Southern  Pacific 
Railroad  Company  of  Kentucky  for  the  possession  of  property 
known  as  the  Oakland  Water  Front.  How  was  this  possible  ? 
After  the  city  of  Oakland  had  been  allowed  to  show  that  it  was 
interested  in  the  matter,  the  court  dismissed  the  case.  Why? 
(See  Report  of  Attorney-General  of  California,  1893-4,  pp. 
7-12;  1895-6,  p.  14.) 

1  See  Ckisholm  v.  The  State  of  Georgia,  under  sec.  4,  below. 


90  THE  JUDICIAL  DEPARTMENT 

2.  Bryce,  Chapter  XXII.    The  Courts  and  the 
Constitution 

Topics.  —  Nature  of  an  American  constitution.  Differ- 
ences between  England  and  the  United  States.  Position 
of  Congress.  Function  of  the  courts  as  regards  acts  of 
Congress.  As  regards  state  law.  Four  kinds  of  Ameri- 
can law.  The  business  of  the  courts  to  determine  when 
a  conflict  exists.  Origin  of  this  function.  The  people 
and  the  judges.  Importance  of  judicial  interpretation. 
Constitutional  progress.  The  federal  judiciary  an  elegant 
system. 

Supplementary  Questions.  —  i .  Upon  which  branch  of  our 
government  has  the  success  of  our  Constitution  mainly  de- 
pended ?  2.  Show  how  a  written  constitution  grows,  —  how 
it  really  undergoes  unwritten  expansion.  3.  How  would 
greater  freedom  of  amendment  affect  this  development? 
4.  Why  must  the  courts  always  wait  for  questions  to  come 
to  them?  5.  What  other  methods  of  settling  constitutional 
questions  have  been  put  forward  or  attempted,  —  e.g.  Nul- 
lification ?     Report  upon  them. 

Practical  Questions.  —  i .  What  is  the  supreme  law  of  our 
land?  (Constitution,  Art.  VI.)  2.  Who  are  bound  to  sup- 
port it?  3.  Is  it  binding  upon  you?  What  duties  does  it 
or  may  it  impose  upon  you  ? 

3.  Bryce,  Chapter  XXIII.    The  "Working  of  the  Courts 

Topics. — The  courts  and  poUtics.  How  the  dignity 
of  the  courts  has  been  maintained.  No  interference  in 
questions  of  government  poUcy.  Occasional  colHsions 
between  the  courts  and  the  executive.  Professional 
spirit.  Personal  eminence  of  judges.  Political  attacks 
on  the  Supreme  Court.     Case  of  the  Cherokee  Indians 


THE  JUDICIAL  DEPARTMENT  91 

in  Georgia.  The  Dred  Scott  case.^  The  legal  tender 
cases.^  The  Electoral  Commission.  High  character 
and  dignity  of  the  Supreme  Court.  The  lower  courts. 
The  Supreme  Court  and  public  opinion.  History  of 
the  chief-justiceship.  How  Congress  and  the  President 
might  override  the  court. 

Supplementary  Questions.  —  i.  Bring  in  biographical 
sketches  of  the  Chief  Justices,  showing  particularly  the  influ- 
ence of  each  one  in  determining  the  policy  of  the  Supreme 
Court.  (The  list  is  as  follows:  John  Jay,  1 789-1 795  ;  John 
Rutledge,  1795;  Oliver  Ellsworth,  1796-1800;  John  Mar- 
shall, 1801-1835;  Roger  B.  Taney,  1836-1864;  Salmon  P. 
Chase,  1864-1873;  Morrison  R.  Waite,  1874-1888;  Melville 
W.  Fuller,  1888-.)^  2.  Report  upon  the  part  of  the  judges 
in  the  Electoral  Commission  of  1877.  (See  Lalor's  Cyclo- 
pedia. Article  on  Electoral  Commission.)  3.  Is  there  any 
evidence  now  of  encroachments  of  the  federal  courts  upon 
the  other  branches  of  the  government?  4.  Is  our  state 
judiciary  ill  paid? 

4.  Noted  Federal  Decisions 

The  following  list  of  cases  decided  by  the  Supreme  Court  of  the 
United  States  is  taken  from  among  those  referred  to  in  Channing 

1  For  the  opinions  of  the  court  in  the  Dred  Scott  case,  see  American 
history  leaflets,  No.  23 ;  MacDonald,  Select  documents,  No.  91 ;  and 
references  therein  mentioned.  The  decision  is  found  in  the  Supreme 
Court  Reports,  19  Howard,  393.  Abridgment  in  Thayer's  Cases  on 
constitutional  law,  1 :  480. 

2  For  the  opinions  in  the  legal  tender  cases,  see  Thayer's  Cases  on 
constitutional  law,  II :  2215-73. 

3  References :  Hitchcock,  Constitutional  Development  as  influenced 
by  Chief  Justice  Marshall ;  and  Biddle,  Constitutional  Development  as 
influenced  by  Chief  Justice  Taney, —  both  in  University  of  Michigan 
Political  Science  Lectures,  1889.  Flanders,  Lives  of  the  Chief  Justices, 
2  vols.  (Jay  to  Marshall).  See  also  National  Cyclopaedia  of  American 
Biography ;  Appleton's  Cyclopaedia  of  American  Biography ;  and  indi- 
vidual biographies. 


92  THE  JUDICIAL  DEPARTMENT 

and  Hart's  Guide,  §  185.  These  decisions  belong  to  the  earlier 
history  of  the  court,  and  were  all  of  importance  in  settling  constitu- 
tional questions  and  in  determining  the  powers  of  the  national  gov- 
ernment. If  the  decisions  are  accessible  to  pupils,  it  will  not  be 
going  beyond  the  capacity  of  an  advanced  class  to  assign  a  case  to 
a  pupil  for  individual  study  and  a  written  report  to  the  class.  This 
report  should  cover  the  following  topics :  — 

1.  Statement  of  the  facts  of  the  case. 

2.  The  constitutional  questions  involved. 

3.  A  summary  of  the  argument  upon  each  question. 

4.  A  statement  of  the  effect  of  the  decision  upon  the  national 
government  (or  upon  the  states). 

The  material  referred  to  below  is  as  follows : 

United  States  Supreme  Court  Reports,  cited,  as  is 
customary  for  reports  previous  to  1882,  by  the  name  of 
the  court  reporter,  e.g.  2  Dallas,  419;  the  first  number 
standing  for  the  volume,  the  second  for  the  page. 

Thayer.  Cases  on  constitutional  law,  2  vols.  —  a  most 
valuable  work,  containing  selected  decisions  somewhat 
abridged,  arranged  by  subjects,  and  annotated. 

Boutwell.  Constitution  at  the  end  of  the  first  century, 
— states  the  most  important  cases  briefly,  and  shows  the 
constitutional  effect  of  the  decision. 

The  date  of  the  decision  is  given  below  with  each  case. 

List  of  Cases 

1.   Limiting  the  Powers  of  the  States 

1793.  Chisholm  v.  The  State  of  Georgia.  2  Dallas,  419. 
Decided  that  the  Constitution  allowed  a  state  to 
be  sued  in  the  federal  courts  by  a  citizen  of  another 
state.  See  Bryce,  p.  1 74.  Argument  as  quoted  at 
length  in  a  later  case  in  Thayer,  1 :  295.  Boutwell, 
ch.  xxxviii. 


J 


THE  JUDICIAL  DEPARTMENT  93 

1 810.     Fletcher  V.  Peck.     6  Cranch,  87. 

Brought  the  prohibition  of  a  law  impairing  the 
obligation  of  contracts  (Constitution,  Art.  I,  sec. 
10)  to  bear  upon  the  acts  of  a  state  legislature. 
Thayer,  1 :  1 14-123.     Boutwell,  ch.  xxiii. 

1 816.     Martin  v.  Hunter's  Lessee,     i  Wheaton,  304. 

Declared  an  act  of  a  state  legislature  unconstitu- 
tional. This  decision  contains  a  valuable  discussion 
of  the  relation  of  a  state  to  the  union.  Thayer,  I : 
123-132.     Boutwell,  ch.  lix. 

18 1 9.     Sturges  V.  Crowninshield.     4  Wheaton,  122. 

Declared  an  act  of  a  state  legislature  unconstitu- 
tional. This  decision  discusses  the  principles  of 
construing  the  Constitution.  Thayer,  I:  268-270. 
Boutwell,  207,  255. 

18 19.     Trustees   of  Dartmouth    College  v.    Woodward. 
4  Wheaton,  518. 

Set  aside  state  laws  impairing  the  obligation  of 
contracts.  Thayer,  II:  15 64-1 5  79.  Boutwell,  ch. 
xxviii. 

1832.     Worcester  v.  The  State  of  Georgia,     6  Peters, 

515. 

'  Upheld  the  authority  of  the  United  States  against 
state  officers  in  matters  relating  to  an  Indian  tribe, 
and  declared  an  act  of  a  state  legislature  void,  as 
being  repugnant  to  the  Constitution.  See  Bryce, 
pp.  193,  281.     Thayer,  1 :  583.     Boutwell,  ch.  xxiv. 

2.  Declaring  Acts  of  Congress  Void 

1803.     Marbury  v.  Madison,     i  Cranch,  137. 

Upheld  the  supremacy  of  the  written  Constitution. 
Thayer,  1 :  107-114.     Boutwell,  486,  589. 


94 


THE  JUDICIAL  DEPARTMENT 


3.  Implied  Powers  asserted 
1796.     Hyltonv.  United  States,     3  Dallas,  171. 

Decided  that  Congress  had  authority  to  impose  a 
tax  upon  carriages.     Full  discussion  of  the  powers 
of  taxation  conferred  upon  Congress  by  the  Consti- 
tution.    Thayer,  II :  13 15.     Boutwell,  §  82. 
1 8 1 9 .     M^  Culloch  V.  The  State  of  Maryland,   4  Wheaton, 
3^6. 

Decided  that  the  incorporation  of  the  United 
States  Bank  was  constitutional,  and  that  the  law  of 
Maryland,  taxing  the  bank,  was  void.  Thayer,  I; 
271-285.     Boutwell,  ch.  viii. 

Using  the  facts  ascertained  in  the  study  of  this  chapter, 
write  out  the  following  : 

Schedule 
United  States  Judiciary  as  seen  in  California 


Courts 

Terri- 
tory 

Location 
OF  Court 

Judges  and 

Other 

Officers 

Resi- 
dence 

Previous 
Public 
Service 

(  Northern  District 
1  Southern  District 
Ninth  Circuit 
Circuit  Court  of 

Appeals 
Supreme  Court 

Record  of  Recent  Cases  or  any  Items  of  Judicial 
Business 

Let  the  pupil  fill  out  a  record  from  his  own  observation 
or  from  newspaper  reports. 


THE  FEDERAL  SYSTEM  95 

CHAPTER  IX 

THE   FEDERAL   SYSTEM 

1.  Bryce,  Chapter  XXIV.    Comparison  of  the  Ameri- 

can and  English  Systems 

Topics.  —  The  problem  of  an  executive.  Ideas  of  the 
American  founders.  Three  main  conclusions.  Protec- 
tion of  the  executive.  Relation  of  the  courts.  Results. 
Encroachments  of  the  legislature.  English  methods  of 
adjusting  the  legislature  and  the  executive.  American 
methods.  Difference  of  doctrine.  Suggested  changes. 
History  of  conflicts  between  Congress  and  the  President. 
Party  government.  Summary  of  the  results  of  the  system 
of  separation.  An  aptitude  for  politics  the  strength  of 
America. 

Supplementary  Questions.  —  i.  Report  a  full  historical 
account  of  each  one  of  the  contests  mentioned  between  the 
President  and  Congress.  2.  Can  additional  instances  be 
found  in  the  repeal  of  the  Silver-purchasing  Act  in  1893,  or  in 
the  Declaration  of  War  against  Spain  in  1898  ?  3.  Should  the 
executive  secretaries  be  given  seats  in  Congress?  4.  State 
reasons  why  the  union  of  the  executive  and  the  legislature  is 
satisfactory  in  England.  5.  State  reasons  why  the  legislature 
and  the  executive  are  separated  in  America. 

2.  Bryce,  Chapters  XXV-XXVI.    The  United  States 

Federal  System 

Chapter  XXV.  General  Observations  on  the  Frame  of 
National  Government.  Topics.  —  Criticism  of  the  system 
of  electing  the  President,  —  pivotal  states,  waste  of  time 


96  THE  FEDERAL   SYSTEM 

and  energy,  risk  of  failure  to  elect,  discontinuity  of  pol- 
icy, uselessness  of  the  Vice-President.  Defects  in  Con- 
gress. Lack  of  true  leadership.  All  defects  reducible 
to  two,  —  excessive  friction  and  want  of  executive  unity. 
Four  essentials  of  a  representative  system,  —  are  they 
secured  in  the  American  system?  Congress  and  the 
voters.  Independence  of  the  judiciary.  Two  main 
principles  of  American  government.  European  difficul- 
ties from  which  America  is  free.  Success  of  the  national 
government. 

Supplementary  Questions. —  i.  Point  out  the  evidence  that 
has  been  presented  for  each  specific  criticism  in  this  chapter ; 
state  whether  the  criticism  is  well  founded  or  not;  suggest 
what  remedy  can  be  found  for  each  defect  pointed  out.  2.  Is 
America  to  continue  "  in  a  world  of  her  own  "  ?  If  not,  what 
changes  in  governmental  methods  will  be  required  ? 

Chapter  XXVI.   The  Federal  System.    Topics.  —  Two 

points  of  conflict  in  1787.  Questions  settled  by  the 
Civil  War.  Distribution  of  powers  between  the  national 
and  state  governments.  Classes  of  powers.  Nature  of 
national  powers.  Nature  of  state  powers.  Powers  exer- 
cised concurrently.  Prohibitions  on  the  national  govern- 
ment. Prohibitions  on  the  states.  Exceptions  and  want 
of  uniformity.  State  powers  original.  National  powers 
delegated.  National  authority  over  citizens.  States  not 
dependent.  Relation  of  the  national  government  to 
the  states.  Legal  supremacy  of  the  states.  Remarkable 
omissions  in  the  Constitution. 

Supplementary  Questions.  —  i.  Search  out  the  particular 
clause  in  the  Constitution  for  each  one  of  the  prohibitions  on 
the  national  government;  on  the  states.     2.    Suppose  that 


THE  FEDERAL  SYSTEM  97 

a  state  should  fail  or  refuse  to  send  representatives  to  Con- 
gress, could  the  national  government  do  anything?  3.  Would 
it  have  been  proper  to  provide  for  coercing  a  state  ?  4.  Would 
any  good  have  been  accomplished  by  a  constitutional  clause 
forbidding  secession  ? 

3.    Bryce,  Chapter  XXVII.    Working  Relations  of  the 
National  and  the  State  Governments 

Topics.  —  Means  of  adjustment  between  the  United 
States  and  the  states.  Working  relations.  Points  of 
contact.  How  the  states  help  form  the  national  gov- 
ernment. Power  of  federal  courts  over  the  states. 
Power  of  Congress  over  the  states.  Method  of  deter- 
mining authority.  The  recent  constitutional  amend- 
ments. Interference  in  a  state  by  the  President.  En- 
forcement of  civil  rights.  Disturbances.  The  United 
States  and  its  citizens.  Order  of  obedience.  Limits 
of  judicial  authority.  State  judges  not  bound  by  federal 
decisions.  Federal  authority  direct.  Means  of  enforc- 
ing. Resistance  by  state  officers.  Resistance  to  the 
Embargo  Acts,  etc.     Settlements  by  the  Civil  War. 

Supplementary  Questions.  —  i .  Look  up  the  constitutional 
provision  for  each  point  in  which  the  states  help  to  form  the 
federal  government.  2.  Is  there  any  jealousy  now  toward 
federal  legislation  or  federal  interference?  3.  What  was  the 
value  of  the  federal  support  to  California  authorities  in  the 
railroad  strike  of  1894?  4.  Report  the  history  of  each  case 
mentioned  of  resistance  to  federal  law.  5.  Was  civil  war 
necessary  to  decide  the  questions  of  state  rights?  6.  Why 
has  centralization  been  so  much  feared?  7.  Is  centralization 
now  in  progress? 

H 


98  THE  FEDERAL  SYSTEM 


4.  Bryce,  Chapters  XXVIII-XXIX.    Defects  dnd 
Merits  of  Federalism 

Chapter  XXVIII.  Criticism  of  the  Federal  System. 
Topics. — Necessity  of  a  federal  system.  The  faults 
commonly  charged.  Their  causes.  Managementx)f  for- 
eign relations.  Weakness  in  domestic  government.  Lia- 
bility to  dissolution.  States  combined  into  groups.  Lack 
of  uniformity  in  private  law.     The  struggle  over  slavery. 

Supplementary  Questions.  —  i .  Was  any  form  of  national 
government  but  federalism  possible  in  1789?  2.  What  was 
its  real  alternative  ?  3.  Find  instances  of  equally  serious  evils 
in  the  history  of  centralized  states.  4.  Do  not  the  faults 
pointed  out  belong  rather  to  the  imperfections  of  our  national 
life  rather  than  to  the  federal  form  of  government? 

Chapter  XXIX.    Merits  of  the  Federal  System.    Topics. 

— Two  lines  of  argument  in  behalf  of  federal  government. 
Arguments  in  behalf  of  Federalism  proper.  Arguments 
in  behalf  of  local  self-government.  Further  benefits. 
Conclusions  drawn  from  American  experience.  Problem 
of  all  federal  governments.  Explanation  of  American 
success. 

Supplementary  Questions.  —  i .  Do  our  people  value  highly 
the  separate  authority  of  the  state  of  California?  2.  Do  our 
people  value  highly  the  opportunities  of  local  self-govern- 
ment? 3.  What  is  the  effect  of  national  politics  upon  sepa- 
rate state  action  ?  upon  local  self-government  ?  4.  Show  how 
the  French  Revolution  of  1789  illustrated  the  evils  of  inexperi- 
ence in  local  self-government?  5.  Make  a  list  of  the  merits 
of  our  federal  system.  6.  Can  you  add  anything  to  Mr. 
Bryce's  comments  on  either  the  faults  or  the  merits  of  Fed- 
eralism ? 


DEVELOPMENT  OF  THE   CONSTITUTION      99 

5.    References  on  Other  Federal  States 

Statesman's  Year  Book.  Accounts  of  constitutions  of 
the  following :  Argentine  Republic,^  Brazil,  Germany, 
Mexico,  Netherlands,  Peru,  Switzerland,  Venezuela. 

Report  upon  such  of  the  above  states  as  are  described 
in  the  following  works  : 

Sergeant,  ed.     Government  year  book. 
Wilson.     The  state. 
Hart.     Federal  government. 

Freeman.  History  of  federal  government  (Greece 
and  Italy). 

See  also  cyclopedia  articles  as  follows  : 
Lalor.     Cyclopedia.     Article  on  Confederation. 
Encyclopedia  Britannica.     Article  on  Federal  govern- 
ment. 
Johnson's  Cyclopedia.    Article  on  Federation. 


CHAPTER  X 

DEVELOPMENT  OF  THE  CONSTITUTION 

1.  Bryce,  Chapter  XXX.    Amendment  of  the 
Constitution 

Topics.  —  Two  methods  of  proposing  amendments. 
Two  methods  of  adoption.  One  exemption  from  amend- 
ment. Classification  of  the  amendments  already  added. 
Difficulty  of  carrying  amendments.     Advantages. 

1  Copies  of  the  constitutions  of  these  states  (in  English)  in  New  York 
Constitutional  Convention  Manual,  1894,  Pt.  II :  vol.  III. 


100    DEVELOPMENT  OF  THE    CONSTITUTION 

Supplementary  Questions.  —  i .  Show  the  benefit  of  having 
two  ways  of  originating,  and  two  ways  of  enacting,  amend- 
ments. 2.  Read  the  amendments  in  connection  with  the 
chapter,  and  report  on  the  following  questions,  a.  Make  a 
list  of  the  personal  rights  guaranteed  in  the  first  ten  amend- 
ments, b.  Why  was  not  this  declaration  of  rights  included 
in  the  original  document?  c.  Was  the  Constitution  improved 
by  these  ten  amendments?  d.  Do  any  of  these  provisions 
apply  to  the  state  governments  ?  e.  Relate  the  circumstances 
of  the  eleventh  amendment,  and  point  out  precisely  what 
change  it  produced,  f.  Relate  the  circumstances  of  the 
twelfth  amendment,  and  state  precisely  what  change  it  pro- 
duced, g.  Relate  the  circumstances  of  the  thirteenth  amend- 
ment; why  was  it  necessary?  h.  How  many  distinct  mat- 
ters are  dealt  with  in  the  fourteenth  amendment?  How  many 
of  its  provisions  affect  state  governments  ?  What  method  is 
used  to  influence  the  suffrage  laws?  What  suffrage  is  fa- 
vored? /.  Was  there  any  need  of  the  fifteenth  amendment? 
Is  it  consistent  with  the  fourteenth  ?  Has  it  been  enforced  ? 
3.  Is  it  reasonable  to  expect  to  accomplish  reforms  in  the 
country  by  means  of  constitutional  amendments?  {e.g.  tem- 
perance reform.)  4.  Read  Lalor's  Cyclopedia,  Article  on 
Amendments,  1 :  607-610.     Make  a  written  summary. 

2.   Bryce,  Chapters  XXXI-XXXIII.    Development  of 
the  Constitution 

Chapter  XXXI.  Interpretation  of  the  Constitution. 
Topics.  —  Brevity  of  the  Constitution.  Necessity  of  in- 
terpretation. The  interpreting  authorities.  The  courts 
and  their  province.  Expansion  by  construction.  Mar- 
shall's principles  of  construction,  —  powers  must  have 
been  granted ;  powers  granted  must  be  broadly  con- 
strued. Three  lines  of  development,  —  taxation,  regula- 
tion of  commerce,  war  powers.     Assumption  of  power  by 


DEVELOPMENT  OF  THE   CONSTITUTION    1 01 

the  executive  or  Congress.  Purchase  of  Louisiana.  Em- 
bargo acts.  Powers  used  in  dealing  with  secession.  Re- 
straint of  the  interpreting  authority, — by  the  character  of 
the  courts,  by  pubUc  opinion.  Prevalence  of  legal  dis- 
cussion. Political  parties  associated  with  constitutional 
views.  True  relation  of  constitutional  questions.  Results 
of  discussion. 

Supplementary  Questions.  —  i.  Show  how  the  form  and 
language  of  the  Constitution  bear  evidence  of  the  wisdom  of 
its  framers.  2.  Find  an  example  of  some  constitutional  ques- 
tion that  has  been  settled  by  the  courts ;  of  one  that  has  been 
settled  outside  the  courts.  3.  Gather  from  party  platforms 
all  expressions  in  regard  to  interpretation  of  the  Constitution, 
and  state  what  parties  have  favored  a  broad,  and  what  ones 
a  strict,  construction.  (See  Cooper,  American  Politics,  and 
McKee,  ed.  Political  Platforms,  Statistical  Publishing  Co., 
Washington.)  4.  Are  any  living  questions  still  debated  on 
constitutional  grounds?  5.  Read  Lalor's  Cyclopedia,  Article 
on  Construction,  1 :  612-613,  and  compare  with  Bryce. 

Practical  Questions.  —  i .  What  parties  are  now  in  existence 
having  a  national  organization?     (See  Political  Almanac.) 

2.  Does  any  one  of  these  parties  stand  for  strict  construction? 

3.  Point  out  some  act  of  the  present  Congress  that  proves 
acceptance  of  a  broad  construction.  4.  Was  this  measure 
opposed  in  Congress?  5.  Was  the  opposition  on  constitu- 
tional grounds?  If  not,  why  not?  (See  also  References  on 
"Interpretation  of  the  Constitution"  in  Chapter  XX,  below.) 

Chapter  XXXII.  Development  of  the  Constitution  by 
Usage.  Topics.  —  Expansion  of  the  Constitution  by  cre- 
ation of  new  machinery.  Modes  of  action  that  have 
been  supphed  :  ( i )  by  legislation ;  (2)  by  usage.  Illus- 
tration of  this  development.     Expansion  of  the  suffrage. 


102    DEVELOPMENT  OF  THE   CONSTITUTION 

The  higher  law  than  the  Constitution.     The  Constitution 
changes  with  the  nation. 

Supplementary  Questions.  —  i .  Compare  the  American  (or 
written)  with  the  English  (or  unwritten)  Constitution.  In 
what  points  is  there  difference  in  character ;  in  what  ways  are 
they  the  same  ?  2.  What  advantages  has  an  unwritten  con- 
stitution over  a  written  ?  3.  What  advantages  has  a  written 
constitution  over  an  unwritten  ?  4.  Why  is  it  better  for  new 
constitutional  ideas  to  be  developed  slowly  with  the  growth  of 
the  nation,  than  to  have  the  Constitution  subject  to  frequent 
written  amendments  ?  (Consider  France  in  the  Revolutionary 
period.)  5.  Read  Tiedeman's  The  Unwritten  Constitution  of 
the  United  States,  esp.  chs.  xi,  xii. 

Chapter  XXXIII.  Results  of  Constitutional  Develop- 
ment. Topics. — The  force  of  time  and  habit.  The 
original  scheme  of  checks  and  balances.  The  struggle 
of  every  office  to  extend  itself.  Results  thus  developed, 
—  the  President,  the  Cabinet,  Senate,  Vice-President, 
Speaker,  committee  chairmen,  the  judiciary.  Com- 
parison with  EngUsh  poUtical  growth.  The  struggle 
between  the  National  government  and  the  states.  Vic- 
tory for  the  former.  How  the  victory  has  been  won. 
Underlying  causes,  —  economic,  moral.  Real  value  of  the 
written  constitution.    It  has  been  a  conservative  influence. 

Supplementary  Questions.  —  i.  What  is  in  reality  the  full 
extent  of  our  constitutional  history  ?  Does  it  begin  with 
1789  ?  2.  With  what  spirit  and  interest  should  we  study 
our  Constitution  and  our  history  ?  3.  What  are  our  duties  as 
citizens  ? 

From  the  work  done  in  Part  II,  write  out  the  following : 


DEVELOPMENT  OF  THE   CONSTITUTION    103 

General  Survey 
The  National  Government  of  the  United  States 

1.  Scope  of  the  federal  government. 

2.  Position  and  power  of  the  states.     (See  Am.  X, 
Constitution  of  the  United  States.) 

3.  Position  of  the  terrritories. 

4.   Organization  of  the  United  States 


w 

u  w" 

Z    K 

S    D 

Si 

Powers  and  Duties 

Parts  of  the  Government 

1 

8 

is 

U 

1 

J3-2 

I.    Legislative 

•House 
Congress     Senate 

.  Vice-President 
II.     Executive 
President 
Cabinet 
Civil  Service 
Diplomatic  Service 
Army 
Navy 
ill.    Judicial 

Supreme  Court 
^^  Other  Courts 
IV.     Electors 
(Those  who  choose  Repre- 
sentatives) 
V.     Citizens 

PART   III 

THE  STATE   GOVERNMENTS 

CHAPTER   XI 

THE   STATE  AND   ITS  CONSTITUTION 

1.   Bryce,  Chapter  XXXIV.     Nature  of  the  American 
State 

Topics.  —  Different  origins  of  the  early  states.  Natural 
groups  of  the  present  states.  Characteristics  of  each 
group.  Influences  toward  uniformity.  State  boundaries. 
Similarity  of  constitutions.  Movement  of  population.  In- 
fluence of  communication.  Influence  of  political  parties. 
Parts  peculiar  to  each  state.  Three  important  points,  — 
states  control  voting;  states  have  absolute  control  over 
local  communities  ;  states  command  allegiance  of  citizens. 
Doctrine  of  original  sovereignty.  Varying  theories  of 
sovereignty.  What  now  are  the  rights  of  the  states  ?  Jef- 
ferson's opinion  of  the  National  government.  Double 
allegiance  of  American  citizens. 

Supplementary  Questions. —  i.  Are  the  state  groups  given 
by  Mr.  Bryce  based  on  geography  ?  on  industries  ?  on  social 
conditions  ?  2.  Point  out  further  differences  between  the 
groups.  Consult  the  United  States  Census  for  facts  in 
regard  to  industries,  wealth,  density  of  population,  illiteracy, 
etc.     3.  Examine   the   boundaries   of  California.     To  what 

105 


I06      THE  STATE  AND  ITS   CONSTITUTION 

extent  are  they  natural  ?  Could  they  be  improved  ?  4.  Is 
California  a  unit  within  itself  ?  Consider  industrial  interests, 
means  of  communication,  etc.  What  interests  have  the  people 
of  Sierra  County  in  common  with  the  people  of  Colusa  County  ? 
How  must  one  travel  from  Sacramento  to  reach  the  county- 
seat  of  Modoc  County  ?  of  Inyo  County  ?  5.  Describe  Cali- 
fornia topographically.  6.  Describe  the  climatic  regions  of 
California.  (See  Climatic  Maps.)  What  differences  in  natu- 
ral products  correspond  with  these  regions  ?  7.  Do  the 
people  of  California  copy  the  methods  of  other  states  in 
public  affairs  ?  8.  Show  what  the  government  of  California 
has  to  do  with  the  management  of  your  school.  Does  the 
United  States  government  have  anything  to  do  with  it  ? 
9.  Are  you  a  citizen  of  California  ?  As  such,  what  does 
California  require  of  you  ?  Compare  with  your  duties  to  the 
United  States.     Is  there  any  danger  of  conflict  ? 


2.   History  of  California 

Brief  Outline 

The  earliest  history  of  California  belongs  to  the  sub- 
ject of  Spanish  exploration  and  settlement  in  North 
America.  The  beginning  of  successful  colonization  was 
made  under  the  auspices  of  Franciscan  monks,  who,  from 
1769  to  1823,  established  a  chain  of  missions  in  the  val- 
leys of  the  coast  region  from  San  Diego  to  San  Rafael. 
Pueblos  or  municipalities,  organized  under  Spanish  colo- 
nization laws,  were  estabhshed  in  this  region.  (For  the 
extent  of  Spanish  settlement,  see  map  of  CaHfornia  in 
Bancroft.  California,  vol.  I.)  Ocean  traffic  in  the 
first  half  of  the  century  brought  American  ships  to  the 
ports  of  San  Diego,  Monterey,  and  San  Francisco, 
and  a  few  citizens  of  the  United  States  came  here  to 


THE   STATE  AND  ITS   CONSTITUTION     lOJ 

live.  It  is  said  that  about  thirty  hunters,  who  had  worked 
their  way  overland  into  California,  had  made  more  or 
less  permanent  homes  here  before  1835.  Thomas  O. 
Larkin,  a  native  of  Massachusetts,  came  to  California 
in  1832,  and  became  the  owner  of  a  store  in  Monterey. 
In  1844  Larkin  was  appointed  consul  by  the  United 
States  government.  Between  1839  and  1846  a  number 
of  Americans  settled  in  the  Sacramento  Valley.  The 
most  prominent  of  these  was  Captain  John  A.  Sutter, 
a  native  of  Germany,  but  of  Swiss  family,  and  a  citizen  of 
the  United  States  by  naturalization,  who  received  a  grant 
of  land  in  1841,  and  built  the  fort  which  still  stands 
within  the  present  Hmits  of  the  city  of  Sacramento.  The 
war  between  the  United  States  and  Mexico  brought  with 
it  the  acquisition  of  Cahfornia  by  the  United  States,  and 
the  rush  of  population  following  the  discovery  of  gold 
deposits  in  the  old  gravel  beds  of  the  Sierras  compelled 
the  organization  of  state  government  under  the  consti- 
tution of  1849.  After  numerous  amendments,  a  new 
constitution  was  drafted  and  adopted  in  1879,  which, 
with  its  amendments,  is  still  the  fundamental  law  of  the 
state. 

Population  of  California 

1790  to  1846,  estimates  of  white  population  given  by 
Bancroft ;  later  figures  from  United  States  Census. 

1790 990  1850 92,597 

1800 1,800  i860 379^994 

1 810 2,130  1870 560,247 

1830 4>250  1880 864,694 

1840 5,780  1890  ....     1,208,130 

1846  .     .       8,000  to  12,000  1900  ....      1,485,053 


I08      THE  STATE  AND  ITS  CONSTITUTION 

Growth  in  Wealth  as  Shown  by  Assessed  Valuation 
OF  Property 

(Taken  from  Chronicle  Almanac,  1899.    See  also  reports  of  Board  of 
Equalization  and  State  Controller.) 

Assessed  Value     Percentage 
Total  Assessed       of  Personal        of  Personal     Rate  of 


Year 

Valuation 

Property 

Property 

State  Tax 

1850 

^57,670,689 

^13.968,797 

24.22 

;55o.5o 

i860 

148,193,540 

68,369,383 

46.06 

0.60 

1870 

277.538,134 

108,001,588 

38.90 

0.865 

1880 

666,399,985 

174,514,906 

26.18 

0.64 

1890 

1,101,137,290 

169,489,475 

15-39 

0.58 

1898 

1,130,885,697 

128,855,959 

11.39 

0.488 

1899 

1,193.764,673 

164,070,620 

13.75 

0.601 

1900 

1,218,292,457 

184,380,015 

15.13 

0.498 

Questions.  —  According  to  these  figures,  which  shows  the 
greater  increase,  real  estate  or  personal  property  ?  What  is 
the  probable  explanation  of  this?  What  proportion  of  the 
state  taxes  in  1898  was  borne  by  real  estate?  Why  should 
the  rate  of  tax  vary  from  year  to  year?  Compare  the  in- 
crease of  wealth  with  the  increase  of  population  since  1850. 

References  on  the  History  of  Caufornia 

Bibliography 

Winsor.     America,  VIII :  254-261. 
Bancroft.     California.      See    "Pioneer    register   and 
index,"  in  vols.  II-V. 

Bancroft.     California  pastoral,  oh.  xxii. 

I.   Spanish  California  (to  1846) 

Accounts  of  the  Spanish  colonization  of  California,  and 
of  California  life  to  the  time  of  American  settlement. 
Works  in  Spanish  not  included. 


THE  STATE  AND  ITS   CONSTITUTION      IO9 

General  Works 

Royce.     California,  ch.  i. 

Winsor.     America,  VIII :  210-232. 

Hittell.     California,  I :  bks.  iii,  iv ;  II :  bks.  v,  vL 

Bancroft.     California,  vols:  I-IV. 

McClellan.     Golden  state,  chs.  i-v. 

Norman.     California,  chs.  v-xi. 

Tuthill.     California,  chs.  vi-xiii. 

Special  Topics  and  Magazine  Articles 

Doyle.  History  of  the  "  Pious  Fund  "  (foundation  of 
the  missions). 

Dwindle.  Colonial  history  of  San  Francisco  (record 
of  land  grants) . 

Blackmar.     Spanish  colonization.     (In  Johns  Hopkins 
University  Studies,  VIII :  No.  iv.) 
Hittell.     Cahfornia  under  the  friars. 

Californian  (May,  1881),  III :  432. 

Stillman.     Footprints  of  early  California  discoverers. 

Overland  (March,  1869),  II :  256. 

Victor.     Studies  of  the  missions.  Californian 

(May,  June,  July,  1882),  V  :  289,  514 ;  VI :   15. 

Shinn.     Spanish- Californian  schools. 

Educational  Review  (June,  1893),  VI :  30. 

Early  or  Partly  Contemporary  Works 

(The  date  of  publication  is  given  in  parenthesis  after  each  title.) 

Bryant,  E.,  What  I  saw  in  California  (1849).  Dana, 
R.  H.,  Two  years  before  the  mast  (1840).  Caprotiy 
E.  S.,  California,  pt.  i,  ch.  i  (1854).     Dam's,  W.  ZT., 


no      THE   STATE  AND  ITS    CONSTITUTION 

Sixty  years  in  California  (1889).  Farnham,  T.J.,  Life 
and  adventures  in  California  (1846).  Forbes ^  A.,  Cali- 
fornia (1839).  Fremont^  J.  C,  Geographical  memoir 
( 1 849) .  Frosty  J.,  California,  chs.  ii-iv  (1850).  Robin- 
son, A.,  Life  in  California  (1846).  Soule  and  others. 
Annals  of  San  Francisco,  pt.  i  (1854). 

II.   American  Settlement  (1846-1850) 

Accounts  of  the  coming  of  Americans,  of  the  acquisi- 
tion of  the  land  in  the  Mexican  war,  of  the  influx  of 
population  after  the  gold  discovery,  and  of  the  organiza- 
tion of  state  government  in  1 849-1 850. 

Royce.     California,  chs.  ii-iv. 
Hittell.     California,  II :  bk.  vii. 
Bancroft.     California,  V ;  VI :  chs.  i-xiii. 
Tuthill.     California,  chs.  xiv-xvi. 
McClellan.     Golden  state,  chs.  vi-ix. 
Bryant.     California,  chs.  xxvi-xxxv. 
Norman.     California,  chs.  xii-xiv. 
Frost.     California,  chs.  v-ix. 
Capron.     California,  pt.  i,  ch.  ii. 

Special  Topics  and  Magazine  Articles 

Winsor.     America,  VII :  ch.  vi  (Mexican  war). 

Jones.  Conquest  of  California.  (In  California  Histori- 
cal Society  publications,  pt.  i,  ch.  vi.) 

Ide,  S.     Sketch  of  W.  B.  Ide  and  the  Bear  Flag  party. 

Shinn.     Mining  camps. 

Browne.  Report  of  the  debates  in  the  convention  on 
formation  of  the  state  constitution  (1849). 


THE  STATE  AND  ITS   CONSTITUTION      III 

Bidwell.     The  bear  flag. 

Overland  (May,  1895)  XXV:  506. 
Farwell.     Fremont's  place  in  California  history. 

Overland  (Nov.,  Dec,  1890)  XVI:  519,  575. 
Shinn.     "The  Bears "  and  the  historians. 

Overland  (Nov.,  1890)  XVI:  53. 
Fitch.     How  California  came  into  the  Union. 

Century  (Sept.,  1890),  XL:  775. 
Fremont.     Conquest  of  CaHfornia. 

Century  (April,  i89i),XLI:  917. 
Shinn.     California's  -golden  prime  of  forty-nine. 

Magazine  of  American  history,  XII :  433. 

Contemporary  Writings 

(The  period  covered  is  indicated  by  the  dates  in  parenthesis  after  each 

title.) 

Bentofiy  T,  H.,  Thirty  years'  view,  II :  chs.  clxiv,  cxcvi 
(1845-1850).  Bryant,  E.,  What  I  saw  in  California 
(1846-184  7).  BuffuMf  E.  G.f  Six  months  in  the  gold 
mines  (1849).  Colton,  W.,  Three  years  in  CaHfornia 
(i 846-1 849).  Davis,  W,  H,y  Sixty  years  in  California, 
ch.  xlviii,  etc.  (1846-1850).  Downie,  W.,  Hunting  for 
gold,  (1849).  Dunbar,  E,  E.,  Discovery  of  gold.  Has- 
kins,  C,  M.,  Argonauts  of  California  (mining  Ufe,  1849). 
Johnson,  T,  T.,  Sights  in  the  gold  region  (1849).  Letts, 
J.  M.,  California  illustrated  (1849).  Revere,  J.  W., 
Tour  in  CaHfornia  (i  845-1849).  Ringgold,  C,  Memoir 
and  maps  of  California  (Bay  of  San  Francisco  and  vicin- 
ity, 1 849- 1 850).  Robinson,  F,,  California  and  its  gold 
mines.  (Contains  J.  H.  Colton  map,  1849.)  Stillman, 
J.  D.  B.,  Seeking  the  golden  fleece  (1849).  Taylor,  B., 
El  Dorado  (1849).     Upham,  S.  C,  Voyage  to  CaHfornia 


112        THE   STATE  AND  ITS   CONSTITUTION 

( 1 849-1 850).     Williams f   A.,   Pioneer  pastorate   (inci- 
dents of  moral  and  religious  life,  1849- 185  4). 


m.   Growth  of  the  State  (after  1850) 

A  view  of  the  political  history  of  the  state,  together 
with  facts  of  industrial  development,  and  some  phases  of 
social  life. 

General  Works 

(The  end  of  the  period  covered  is  indicated  by  the  date  in  parenthesis.) 

Royce.     California,  ch.  vi  (to  about  i860). 
Hittell.     CaUfornia,  vols.  Ill,  IV  (to  1889). 
Bancroft.     California,   VI :    chs.   xiv,    etc. ;    VII   (to 
1890). 

Capron.     California,  pt.  i,  ch.  iii  (to  1854). 
Norman.     California,  chs.  xv-xxv  (to  1880). 
McClellan.     Golden  state,  chs.  xxiii-xxvi  (to  1872). 
Tuthill.     California,  chs.  xx-xliii  (to  1866). 

Special  Topics  and  Magazine  Articles 

Willey.     College  of  California. 

Davis,  W.  J.     Political  conventions,  1 849-1 892. 

O'Meara.     Broderick  and  Gwin. 

CaUfornia  blue  book,  1895  (state  capitals,  great  seal, 
etc.). 

Cummins.  Story  of  the  files ;  California  writers  and 
hterature. 

Atherton.     Literary  development  of  California. 

Cosmopolitan  (Jan.,  1891),  X:  269. 


THE  STATE  AND  ITS  CONSTITUTION       1 13 

George.     Kearney  agitation. 

Popular  Science  (Aug.,  1880),  XVII :  433. 
Hittell.     Observations  on  the  new  constitution. 

Overland  (Jan.,  1883),  XII :  34. 

Travels  and  Descriptive  Works 

(The  period  covered  is  indicated  by  the  dat?  in  parenthesis.) 
Bancroft,  Tourists'  guide  (18 71).  Bartlett,/.  R.,  Ex- 
plorations and  incidents  in  .  .  .  California,  II :  chs.  xxii- 
XXV  (1852).  Borthwick,  J.  D.,  Three  years  in  CaUfomia 
(185 1-1854).  Brace,  C.  Z.,  The  new  West,  —  California 
in  1 86  7-1 868.  Cronise,  T.  F.,  Natural  wealth  of  Califor- 
nia (1868).  Fieldy  S./.y  Early  days  in  California  (1849- 
1877).  i^/j/^^r,  ^.  J/".,  The  Californians  (1875).  J^^^- 
ilton,  W.y  The  new  empire  (1886).  Hittell,  J.  S.,  Re- 
sources of  California  (1862,  3d  ed.  1867).  Markham, 
H.  H,  Governor  (E.  W.  Maslin,  editor),  Resources  of 
California  (1893).  Published  by  Superintendent  of  State 
Printing.  Nordhoff,  C,  California  for  health,  pleasure, 
and  residence  (1882).  Pacific  Bank,  Handbook  of  Cali- 
fornia (1888).  Powell,/.,  The  golden  state  (1874).  San 
Francisco  Call,  California  as  it  is  (188 1).  Seyd,  E.,  Cali- 
fornia and  its  resources  (1858).  Stoddard,  C.  A.,  Beyond 
the  Rockies  (1894).  Taylor,  B.,  At  home  and  abroad, 
ch.  ii  (1859).  Turrill,  C.  B.,  California  notes  (1876). 
Weed,  J.,  California  as  it  is  (1876). 

Constitution  of  1879 
California  constitutional  convention,  proceedings,  1878- 
1879.     3  vols. 
Davis.     Political  conventions  in  California,  390,  etc. 
Hittell.     California,  IV  :  ch.  xi. 
I 


114        THE  STATE  AND  ITS   CONSTITUTION 

Bancroft,  California,  VII :  ch.  xv. 
California  blue  book  for  1895. 

3.   Bryce,  Chapters  XXXV-XXXVI.    Organization 
of  the  States 

Chapter  XXXV.  State  Constitutions.  Topics. — Na- 
ture of  state  constitutions.  Their  origin.  Charters  of 
guilds  and  trading  companies.  Massachusetts  Bay  Com- 
pany. The  Massachusetts  charter  of  1691,  and  its  rela- 
tion to  the  charter  of  the  company.  Virginia  charter  of 
1609.  Relation  of  charters  to  state  constitutions.  Com- 
parison with  British  colonies.  Revision  of  constitutions. 
Method  of  enactment.  Independence  of  the  National 
government.  Instance  of  Delaware.  Interpretation  of 
state  constitutions.     Constitutions  are  direct  legislation. 

Supplementary  Questions.  —  i .  Look  up  the  following  doc- 
uments mentioned  in  the  chapter,  report  upon  their  contents, 
and  collect  the  evidence  for  Mr.  Bryce's  points  essential  to  a 
constitution,  —  "a  frame  of  government  established  by  a  supe- 
rior authority,  creating  a  subordinate  law-making  body,"  p.  299. 

References  on  the  Charters 
List  of  Books 

Gross.    The  gild  merchant. 

Cawston  and  Keane.     Early  chartered  companies. 

Traill.     Social  England. 

Winsor.     Narrative  and  critical  history  of  America. 

Poore.     Charters  and  constitutions. 

Preston.  Documents  illustrative  of  United  States  his- 
tory. 

Fisher.  Evolution  of  the  constitution  of  the  United 
States. 


THE  STATE  AND  ITS   CONSTITUTION       II5 


List  of  References 


Company 


a.  A  trade-guild 


b.  Merchant  adven- 
turers, 1463 


c.  East  India  Co. 
1600I 


d.  Virginia  Co., 

i6o62 

e.  Virginia  Co.,  1609 

f.  Massachusetts 

Bay  Co.,  1629 

g.  Fundamental 

Orders  of  Con- 
necticut, 1638 

h.  Connecticut,  1662 

i.   Rhode  Island, 

1663 
J.   Massachusetts, 

1691 


Description  of  Charter 


r  Gross,  vol.  I.  Traill, 
\  see  index.  Also  cy- 
[     clopedias 

fCawston  and  Keane, 
ch.  ii 
Gross,  vol.  I:  148-157 

fCawston  and  Keane, 
1      ch.  vii 

Cawston  and  Keane, 

ch.  X 
Fisher,  26-32 

Ditto 

(Cawston  and  Keane, 
ch.  X 
Fisher,  37-40 
(Cawston  and  Keane, 
ch.x 
Fisher,  41-44 

Fisher,  44-47 
Fisher,  44-47 
Fisher,  62-65 


Charter  Reprinted 


King  John's  grant 
to  the  town  of 
Ipswich,  I2CX) 
A.D.  Gross,  vol. 
I:  7-8 


Summary  in  Calen- 
dar of  State 
Papers,  Colonial 
—  East  Indies, 
1513-1616 

j  Poore,  Part  II 
1  Preston,  1-13 

I  Poore,  Part  II 
\  Preston,  14-21 

j  Poore,  Part  I 
(  Preston,  36-61 

(  Poore,  Part  I 
I  Preston,  78-84 

j  Poore,  Part  I 
'  Preston,  96-109 
I  Poore,  Part  II 
\  Preston,  1 10-129 

Poore.  Part  I 


1  A  summary  of  the  charter  of  the  Elast  India  Co.  is  given  in  Ander- 
son, Commerce  of  the  British  Empire,  II:  196-197.  London,  1787; 
Harris,  Voyages,  1 :  875.     London,  1764. 

2  For  all  the  American  charters,  see  accounts  in  Winsor  and  in  colo- 
nial histories,  referred  to  in  Chapter  I,  above. 


Il6        THE   STATE  AND  ITS   CONSTITUTION 

2.  Describe  the  general  form  of  government  of  the  colonies. 
3.  Show  why  Connecticut  and  Rhode  Island  had  less  to  do 
than  any  others  in  organizing  state  government.  4.  Make 
out  a  list  showing  how  many  constitutions  each  state  has  had. 
(See  Poore,  Charters  and  Constitutions,  and  references  in 
sec.  6  below).  5.  Why  has  the  tendency  been  to  make 
amending  easy? 

Chapter  XXXVI.  Contents  of  State  Constitutions. 
Topics.  —  Scope  of  state  constitutions.  Parts  of  a  nor- 
mal constitution.  The  Bill  of  Rights  and  its  value.  Curi- 
ous provisions.  Miscellaneous  matters.  How  constitu- 
tions are  confused  with  codes.  Distrust  of  legislatures. 
Interpretation.  Powers  of  legislatures.  Comparison  with 
Parliament.     General  attitude  of  the  courts. 

Supplementary  Questions.  —  i .  Examine  the  Constitution 
of  California  (see  sec.  4)  and  classify  its  articles  under  the 
heads  suggested  by  Mr.  Bryce.  What  proportion  of  miscel- 
laneous matter  is  found?  2.  Examine  its  Declaration  of 
Rights  and  compare  the  provisions  with  the  first  ten  amend- 
ments of  the  United  States  Constitution  and  with  the  English 
Bill  of  Rights  of  1 689.  What  provisions  are  the  same  ?  Why 
are  the  California  provisions  so  numerous  ?  What  provisions 
of  the  California  declaration  are  not  really  rights?  Why  are 
they  placed  here?  3.  Of  the  "  curious  provisions"  mentioned 
by  Mr.  Bryce  check  off  those  found  in  the  California  docu- 
ment. Is  it  a  good  example  of  its  class?  4.  Make  a  list  of 
all  the  provisions  that  may  be  considered  miscellaneous,  i.e. 
not  absolutely  essential  to  the  frame  of  a  state  government. 
Account  for  any  of  these  being  placed  in  the  Constitution. 
(See  Reports  of  the  Constitutional  Convention  of  1879,  sec  2, 
above.)  5.  Find  distinct  evidence  that  the  legislature  is  dis- 
trusted. 6.  Are  the  people  of  California  satisfied  with  the 
Constitution  ? 


THE  STATE  AND  ITS   CONSTITUTION       WJ 

4.   The  Constitution  of  California 

There  are  many  editions.  Copies  may  easily  be  ob- 
tained as  follows : 

Bryce.  American  commonwealth.  Unabridged  edi- 
tion.    App.  to  vol.  I. 

California  school  law.  Appendix.  (Issued  for  school 
use  from  office  of  superintendent.) 

Civil  government.     State  Series.     Appendix. 

Desty,  ed.  Constitution  of  California.  (Contains 
both  constitutions  side  by  side.) 

State  blue  book.  (Contains  the  constitution  and  much 
other  valuable  material.  Issued  by  secretary  of  state  for 
use  of  officers.) 

5.   Bryce,  Chapters  XXX VII,  XXXVIII.     The  Consti- 
tution and  the  People 

Chapter  XXXVII.  The  Development  of  State  Consti- 
tutions. Topics.  —  Three  periods  of  state  constitutions. 
Characteristics  of  the  first  period.  Second  period  one 
of  democratization.  The  third  period  shows  reaction. 
Similarity  of  Western  and  Southern  constitutions.  Ten- 
dencies displayed,  —  to  grow  in  length  ;  to  make  minute 
restrictions  on  the  legislature;  to  be  more  democratic. 
Variation  among  the  states.  Causes  of  difference.  Dis- 
trust of  officers.  Jealousy  of  the  federal  government. 
Protection  of  private  property.  Sphere  of  state  control. 
Humanitarian  sentiment.  Schools.  Are  the  constitutions 
observed  ? 

Supplementary  Questions.  —  i .  Look  up  successive  consti- 
tutions of  particular  states,  —  as  Massachusetts,  New  York, 
Ohio,   Louisiana,   Mississippi,   Texas,  —  and   report  on  the 


Il8        THE  STATE  AND  ITS   CONSTITUTION 

changes  in  length  and  general  features. ^  2.  Compare  the 
presen.  Constitution  of  California  with  its  predecessor,  and 
report  in  the  same  way.  3.  Read  Hittell's  History  of  Cali- 
fornia, IV:  615-640,  and  report  upon  the  conditions  under 
which  the  present  Constitution  was  framed  and  adopted. 
Compare  also  the  other  references  on  the  constitution  of  1879, 
given  above.  4.  Get  together  the  amendments  that  have 
been  made  to  the  document  of  1879.     What  do  they  show? 

Chapter  XXXVIII.  Direct  Legislation  by  the  People. 
Topics.  —  Direct  legislation  in  the  United  States.  Origin 
of  .the  system.  Growth  of  democracy  and  loss  of  con- 
fidence in  legislatures.  Two  methods  employed.  Use 
in  local  government.  Disadvantages ;  loss  of  stability. 
Tendency  conservative  on  the  whole.  State  constitutions 
better  made  than  statutes. 

Supplementary  Questions.  —  i.  How  was  our  state  consti- 
tution framed  ?  2.  How  was  it  adopted  ?  (See  Art.  XXII.) 
3.  How  can  it  be  amended?  (See  Art.  XVIII.)  4.  How 
can  another  constitution  be  substituted?  (See  Art.  XVIII.) 
5.  Look  up  the  returns  of  recent  state  elections  (see  State 
Blue  Book)  :  How  many  amendments  were  submitted?  How 
many  were  adopted?  What  other  propositions  were  voted 
on  ?  Were  the  people  conservative  ?  6.  Find  other  uses  of 
the  referendum.  (See  Art.  XVI.)  7.  What  is  meant  by 
referendum?     8.    In  what  sort  of  cases  is  it  valuable? 

1  Constitutions  may  be  found  as  follows :  Of  all  states  to  1878  in 
Poore,  Charters  and  Constitutions.  Those  in  force  at  the  dates  given, 
— 1853,  Barnes,  pub.  Constitutions  of  the  Several  States.  1871,  Hough, 
American  State  Constitutions.  1894,  New  York  Constitutional  Conven- 
tion Manual. 


THE  STATE  AND  ITS   CONSTITUTION       II9 

6.  The  History  of  Various  States.  —  References 

(These  books  are  to  be  used  for  further  material  in  the  study  of  the 
States,  by  means  of  individual  reports  and  class  discussion.) 

Transition  from  Colony  to  State 

Hart.     Formation  of  the  Union,  73-82. 

Stevens.     Sources  of  the  constitution,  35-39. 

Channing.     United  States,  83-87. 

Jameson.     Constitutional  convention.     §§  125-259. 

Andrews.     United  States,  1 :   154-178. 

Pitkin.     United  States,  II :  ch.  xix. 

Tyler.     Patrick  Henry,  ch.  xii  (Virginia). 

Roosevelt.     Gouverneur  Morris,  ch.  iii  (New  York) . 

State  Constitutions  and  Government 

Ford.    American  citizen's  manual,  pt.  ii :  chs.  iii,  iv. 

Willoughby.    Government  of  the  United  States,  ch.  xiv. 

Hitchcock.     State  constitutions. 

Frothingham.  Rise  of  the  repubUc,  441-444, 447-45 1, 
481-482,  491-493*  561-568. 

Fiske.     Critical  period,  ch.  ii. 

Bancroft.     United  States, /<3!j/ ^mj/^«,  V  :  111-125. 

Hildreth.  United  States,  III :  69-76,  89-95,  1 13-1 18, 
126-131,  135,  161,  183-185,  374-395- 

Stevens.     Sources  of  the  constitution,  249-267. 

Borgeaud.     Adoption  and  amendment,  1 37-191. 

Schouler.    United  States,  II :  208-213  (states  in  1 813). 

McMaster.  People  of  the  United  States,  III :  146- 
162. 

Palmer.     Historical  register,  1 :  1-13  (states  in  181 2). 

Ramsay.     United  States,  II :  ch.  xii. 


120  THE  STATE  LEGISLATURE 

Schouler.     Constitutional  studies,  pt.  iii. 
Davis.     American  constitutions.     (In  Johns  Hopkins 
University  Studies,  III :  Nos.  ix,  x.) 

Hart.     Practical  essays,  20-57  (use  of  the  suffrage). 

American  Commonwealth  Series 

Royce.     California,  chs.  iii,  iv,  vi,  to  1857. 

Johnston.    Connecticut  (bibliography,  p.  397),  to  1865. 

Dunn.     Indiana,  to  1819. 

Spring.     Kansas  (bibliography,  p.  323),  to  1863. 

Shaler.     Kentucky  (bibliography,  p.  424),  to  1865. 

Browne.     Maryland,  to  1781. 

Cooley.     Michigan,  to  1880. 

Carr.     Missouri,  to  1865. 

Scudder.     New  York,  vol.  II,  to  1885. 

Barrows.     Oregon,  to  1880. 

King.     Ohio,  to  1865. 

Robinson.     Vermont,  to  1865. 

Cooke.    Virginia  (bibliography,  p.  vii),  to  1865. 


CHAPTER  XII 

THE  STATE   LEGISLATURE 

1.  Bryce,  Chapter  XXXIX.    State  Governments :  The 
Legislature 

Topics.  —  Similarity  of  state  governments.  Its  expla- 
nation. Genealogy  of  American  governments.  Parts 
found  in  every  state.  Separation  of  legislature  and 
executive.     Composition  of  legislature.     Election.     Dif- 


THE  STATE  LEGISLATURE  121 

ferences  between  the  houses.  District  system  of  repre- 
sentation and  its  results.  The  idea  of  equality.  The 
suffrage.  Women  as  voters.  Relation  of  the  suffrage 
to  the  United  States  government.  Number  of  members 
in  the  legislature.  Compensation.  Sessions.  Origin  of 
bills.  Special  powers  of  the  Senate.  Methods  of  proce- 
dure. Relation  of  the  legislature  to  the  executive  offices. 
The  governor's  veto.  Constitutional  restrictions  on  the 
legislature,  —  in  subject-matter,  in  procedure.  Unconsti- 
tutional acts.     Resolutions.     Discussions. 

Supplementary  Questions.  —  i.  What  older  states  have  had 
a  noticeable  influence  upon  the  Constitution  of  California? 
(See  Royce,  California,  246-270.)  2.  Make  out  the  gene- 
alogy of  the  California  Constitution.  3.  Is  any  unwise  or 
unsuitable  legislation  ever  prevented  by  having  two  houses  ? 
4.  Ought  the  legislators  to  be  elected  by  districts  ?  5.  Ought 
the  requirement  of  district  residence  to  be  maintained  .'* 
6.  Why  should  women  have  municipal  suffrage  when  they 
do  not  have  the  general  suffrage  ?  7.  What  reasons  can  you 
give  for  or  against  a  property  qualification  for  voting  ?  an 
educational  qualification  ?  8.  Should  paupers  be  allowed  to 
vote  ?  9.  Ought  the  legislators  to  be  paid  ?  If  so,  how 
much  ?  10.  Should  the  length  of  the  session  be  Umited  ? 
II.  Should  the  legislature  meet  annually?  12.  Why  should 
the  governor  have  a  veto? 

2.   ConBtitution  of  California,  Articles  III,  IV 

Questions.  —  i.  How  is  the  legislature  composed  ?  2.  How 
is  the  Assembly  composed  ?  number  of  members  ?  how 
elected  ?  date  of  the  election  ?  term  of  office  ?  3.  How  are 
the  Assembly  districts  determined  ?  when  and  how  may  they 
be  changed  ?  4.  Answer  the  same  questions  for  the  Senate  as 
for  the  Assembly  in  No.  2.     5.  What  difference  is  there 


122 


THE  STATE  LEGISLATURE 


between  the  Senate  districts  and  the  Assembly  districts  ? 
6.  What  are  the  qualifications  of  senators  ?  of  assembly- 
men ?     7.  Who  vote  for  the   members   of  the   legislature  ? 

8.  What  is  the  compensation  of  members  of  the  legislature  ? 

9.  When  does  the  legislature  meet  ?  How  is  the  length  of 
the  session  limited  ?  10.  How  is  each  house  organized? 
1 1 .  What  control  has  each  house  over  its  members  ?  12.  How 
many  constitute  a  quorum  ?  13.  How  many  votes  must  a 
measure  have  for  adoption  ?  14.  What  authority  has  the 
governor  over  the  sessions  of  the  legislature  ?  15.  What  is 
the  procedure  in  the  enactment  of  bills  ?  16.  What  is  the 
authority  of  the  governor  in  legislation  ?  17.  What  is  the  time 
limit  on  the  introduction  of  bills  ?  18.  What  special  power 
has  the  Assembly  ?  19.  What  are  the  special  duties  of  the 
Senate  ?  20.  What  restrictions  are  placed  upon  the  subject- 
matter  of  legislation  ?  upon  the  method  of  procedure  in 
legislation  ?  21.  What  commands  are  given  to  the  legisla- 
ture ?  (See  also  Arts.  VI,  VHI,  IX,  XI,  XIII.)  22.  What 
answer  can  be  given  to  the  question  :  "  What  are  the  powers 
of  the  legislature  ? "  From  the  information  gathered  above 
complete  the  following : 

Schedule 
Structure  and  Powers  of  the  California  LegiAature 


Senate 


Assembly 


Number 


Organization 


Mode  of 
Election 


Special 
Powers 


THE  STATE  LEGISLATURE 


123 


Both  Houses 
with  the 
Governor 


Procedure 


Initiation     Final  Action 


Powers  in  Legislation 


3.   Practical  Questions  on  the  Legislature 

I.  Examine  a  map  of  California  showing  the  present 
Assembly  districts,  and  report  on  the  following  :  Do  they 
mark  off  natural  areas  ?  How  much  do  they  vary  in  size  ? 
in  shape?  Which  is  the  largest?  Which  is  the  smallest? 
Are  the  districts  of  any  use  ?  In  which  district  do  you 
live?  2.  The  same  questions  maybe  answered  for  sena- 
torial districts.  3.  Why  should  the  members  of  the 
legislature  be  elected  by  districts?  4.  Why  should  they 
be  residents  of  the  districts?  5.  Who  were  the  candi- 
dates for  election  in  your  district  at  the  last  election? 
Report  any  facts  obtainable  about  the  occupation,  edu- 
cation, and  previous  public  service  of  each  one.  Who 
was  elected?  What  reasons  can  be  given  for  the  choice? 
6.  When  was  the  last  session  of  the  legislature  ?  Consult 
the  State  Blue  Book  for  the  roll  of  members  and  report 
upon  the  following  points :  average  age,  common  occu- 
pations, education,  and  previous  public  service.  Can 
any  differences  be  detected  between  the  Senate  and  the 
Assembly?    On  the  whole,  was  the  legislature  a  well- 


124  THE  STATE  LEGISLATURE 

chosen  body  of  men  ?  7.  How  long  did  the  last  session 
continue  ?  (Consult  newspaper  files.)  What  pay  did  each 
member  receive?  What  other  expenses  were  incurred? 
(Consult  Report  of  State  Controller.)  Ought  the  pay  of 
the  legislators  to  be  greater?  8.  Consult  the  State  Blue 
Book  and  report  the  full  list  of  officers  of  each  house  of 
the  last  legislature ;  the  number  of  attaches ;  the  full  list 
of  standing  committees.  In  what  ways  do  the  commit- 
tees increase  the  expenses  of  the  legislature?  9.  When 
did  the  governor  last  send  a  regular  message  to  the  legis- 
lature? (See  Cal.  Const.,  Art.  V,  sec.  10.)  Consult  the 
files  of  daily  newspapers  and  find  a  copy.  What  recom- 
mendations were  made?  What  attention  did  the  legisla- 
ture give  to  them?  10.  Consult  the  newspaper  files  for 
reports  of  the  last  session  of  the  legislature  and  work  out 
the  following  questions :  Was  there  a  large  amount  of 
business  introduced?  What  were  the  most  prominent 
matters  touched  upon  ?  What  bills  called  out  the  fullest 
discussion  ?  Was  the  governor  in  harmony  with  the  leg- 
islature on  important  matters  ?  Was  the  Senate  in  har- 
mony with  the  Assembly?  What  important  bills  failed 
of  passing?  Why?  What  other  business  besides  law- 
making did  the  legislature  do  ?  Upon  what  matters  did 
the  legislators  vote  according  to  party  lines  ?  Any  criti- 
cism that  you  would  make  upon  the  legislature  and  its 
methods?  11.  Consult  the  volume  of  statutes  of  the 
last  session  of  the  legislature  and  report  upon  its  con- 
tents in  regard  to  any  point  suggested  to  you. 


THE  STATE  EXECUTIVE  12$ 

CHAPTER   XIII 

THE   STATE   EXECUTIVE 

1.  Bryce,  Chapter  XL.    The  State  Executive 

Topics.  —  Office  of  governor.  His  powers,  enforce- 
ment of  the  laws,  pardon,  military  command,  appointments, 
receipt  of  reports,  communications  to  the  legislature, 
veto.  Reputation  of  the  office.  The  lieutenant-gov- 
ernor. Other  chief  officers.  Relation  to  the  governor. 
The  Civil  Service  of  the  state.  "  Spoils  System."  Im- 
peachment and  other  processes  of  removal. 

Supplementary  Questions.  —  i .  As  suggested  in  the  previ- 
ous study,  make  an  outline  of  the  history  of  the  office  of  gov- 
ernor. 2.  How  have  the  other  state  executive  officers  arisen? 
3.  Why  are  they  not  under  the  authority  of  the  governor? 
Would  it  not  be  well  to  make  them  so?  4.  Does  California 
need  a  state  police?  5.  What  is  the  present  reputation  of 
the  governorship  ?  Is  it  sought  by  the  best  men  ?  6.  Com- 
pare the  other  high  executive  offices  with  the  governorship. 
7.  Are  the  principles  of  a  well-regulated  Civil  Service  observed 
in  the  executive  department  of  California  ?  If  not,  what  changes 
are  necessary?  8.  Is  impeachment  ever  used?  If  not,  why 
not?    9.  Are  removals  of  state  officers  ever  made  otherwise? 

2.   Constitution   of  California,  Articles  V,  VII-X,  XII, 

XIII 

I.  By  reference  to  the  Constitution  of  CaUfornia,  an- 
swer the  following  questions  in  regard  to  the  governor- 
ship :  Mode  of  election?  Term?  Salary?  Quahfications ? 
Disabilities?  Constitutional  powers?  2.  Has  the  gov- 
ernor any  functions  not  mentioned  in  Mr.  Bryce's  chap- 


126 


THE  STATE  EXECUTIVE 


ter?  Notice  ex  officio  service  on  boards,  e.g.  Board  of 
Education.  (See  Art.  IX.)  3.  Answer  the  same  ques- 
tions as  in  No.  i  for  the  Heutenant-governor.  4.  What 
other  state  executive  officers  are  chosen  in  the  same  way 
as  the  governor?  Does  the  Constitution  prescribe  their 
duties?  5.  Examine  Articles  IX,  X,  XII,  XIII,  and  re- 
port upon  each  board  provided  for,  its  organization  and 
duties.  6.  Briefly  describe  the  executive  department  of 
the  state,  making  out  whether  or  not  it  is  ministerial,  re- 
sponsible, centralized,  or  divided.  7.  Give  a  comprehen- 
sive view  of  the  state  executive  by  filling  out  the  following : 

Schedule 

California  State  Executive 

AS  set  forth  in  the  constitution  and  the  political  code 
(see  extracts  below) 


Offick 


Election  or 
Appointment 


Term,  Tenure, 

Compensation, 

ETC. 


Powers  and 
Duties 


Governor 
Lieutenant-Gov- 
ernor 
Secretary  of  State 
etal. 


3.  Practical  Questions  on  the  Executive 

I.  Who  were  candidates  for  the  governorship  at  the 
last  election?  Give  some  personal  account  of  each  one. 
What  principles  or  poUcy  did  each  stand  for  ?     (Consult 


THE  STATE  EXECUTIVE  1 27 

newspapers  and  campaign  documents.)  How  many  votes 
did  each  receive  ?  (Consult  State  Blue  Book  or  Political 
Almanacs.)  Who  was  elected?  Did  he  have  a  majority 
of  votes?  What  plurality  did  he  have?  What  reasons 
can  you  find  for  his  success?  2.  When  did  the  present 
governor  take  office  ?  Give  an  account  of  the  procedure 
and  ceremonies  of  inauguration.  (Consult  newspapers 
of  the  day.)  3.  Illustrate  by  actual  instances  the  gov- 
ernor's use  of  each  one  of  his  constitutional  powers, — 
general  supervision,  pardoning  or  reprieving,  military 
command,  appointment,  requiring  reports,  recommend- 
ing to  the  legislature,  vetoing,  serving  on  boards  or 
commissions.  Which  of  these  acts  is  of  the  highest 
importance?  Which  receive  the  most  popular  attention ? 
Which  show  most  clearly  the  character  of  the  officer? 
4.  Give  the  names  of  the  other  state  executive  officers 
elected  at  the  same  time  as  the  governor.  Were  they  all 
elected  from  the  same  party?  Report  upon  one  or  more 
of  them,  as  regards  previous  public  career,  reasons  for 
selection  for  the  office,  etc.  5.  What  are  the  powers 
and  duties  of  each  executive  office  ?  How  are  they  de- 
termined ?  (See  below  —  Extracts  from  PoUtical  Code.) 
6.  Make  a  special  study  of  the  business  of  some  state 
executive  office,  or  board,  by  examining  the  last  annual 
or  biennial  report.     (See  Ust  below.) 

Reports  of  State  Officers 

MADE  ANNUALLY  OR  BIENNIALLY  TO  THE  GOVERNOR  AND  PRINTED 
AT  THE  STATE  PRINTING-OFFICE 

(These  reports  are  all  published  biennially  in  bound 
volumes  as  an  Appendix  to  the  Journals  of  the  Senate 
and  the  Assembly.     In  this  form  they  can  be  found  in 


128  THE  STATE  EXECUTIVE 

the  public  libraries.  Copies  may  be  obtained  through 
members  of  the  legislature.  The  individual  reports  are 
also  commonly  published  separately  in  pamphlet  form, 
and  distributed  from  the  office  making  the  report.  See 
the  State  Blue  Book  for  addresses  of  all  officers.) 

List  of  OrncERS  and  Commissions   making   Biennial 
Reports. 

Controller,  Secretary  of  State,  Treasurer,  Attorney- 
General,  Adjutant-General,  Surveyor- General,  Board  of 
Examiners,  Capitol  Commissioners,  Superintendent  of 
State  Printing,  Board  of  Equalization,  Trustees  ^of  State 
Library,  Superintendent  of  Public  Instruction,  Board  of 
Forestry,  Veterans'  Home  Association,  Railroad  Commis- 
sion, Bureau  of  Labor  Statistics,  Board  of  Horticulture, 
Board  of  Health,  Bank  Commission,  Trustees  of  Institu- 
tion for  the  Deaf,  Dumb,  and  Blind,  Directors  of  Indus- 
trial Home  for  Adult  Bhnd,  Trustees  for  Home  for  Feeble- 
Minded  Children,  State  Agricultural  Society,  Viticultural 
Commission,  Insurance  Commissioner,  Board  of  State 
Harbor  Commissioners,  Building  and  Loan  Commission- 
ers, Commissioner  of  Public  Works,  Fish  Commission, 
State  Mineralogist,  President  of  University  of  California, 
Trustees  of  State  Normal  Schools,  Trustees  of  Preston 
School  of  Industry,  Trustees  of  Whittier  State  School, 
Dental  Examiners,  Lunacy  Commission  and  Trustees  of 
Insane  Asylums,  known  respectively  as  the  Stockton, 
Napa,  Agnews,  Mendocino,-and  Southern  California  State 
Hospital,  Commissioners  to  manage  Yosemite  Valley, 
et  aL 


THE  STATE  EXECUTIVE  1 29 

Questions  on  the  State  Officers  and  Commissions 

Of  these  officers  what  ones  are  elected  by  the  state  at 
large?  What  ones  are  elected  by  districts?  What  ones 
are  appointed  by  the  governor  ?  (See  table  on  page  131.) 
What  ones  control  the  expenditure  of  large  amounts  of 
public  money  ?  .  If  the  work  of  any  of  these  officers  or 
commissions  is  within  your  field  of  observation,  report 
upon  the  degree  of  efficiency.  Compare  any  one  of 
these  offices  with  a  United  States  office  for  efficiency 
and  economy.  What  is  the  general  reputation  of  these 
state  commissions?  How  can  their  efficiency  be  im- 
proved? 

4.   Duties  of  Rsecutive  Officers 
Extracts  from  Political  Code  of  California 

(Numbers  in  the  margin  refer  to  the  sections  of  the  code.) 

Duties  of  Executive  Officers.  —  In  addition  to  the  pro- 
vision in  the  Constitution  the  power  and  duties  of  State 
Executive  Officers  are  prescribed  in  the  Political  Code  as 
follows : 

380.  Governor.  —  In  addition  to  those  prescribed  by 
the  Constitution  the  Governor  has  the  power  and  must 
perform  the  duties  prescribed  in  this  and  the  following 
sections:  (i)  he  is  to  supervise  the  official  conduct  of 
all  executive  and  ministerial  officers ;  (2)  he  is  to  see  that 
all  offices  are  filled  and  the  duties  thereof  performed  .  .  . 
(3)  he  is  to  make  the  appointments  and  supply  the  va- 
cancies mentioned  in  this  Code ;  (4)  he  is  the  sole  organ 
of  communication  between  the  Government  of  this  State 
and  the  Government  of  any  other  State  or  of  the  United 


130  THE  STATE  EXECUTIVE 

States;  (5)  whenever  any  suit  or  legal  proceeding  is 
pending  against  this  State  ...  he  may  direct  the  attor- 
ney-general to  appear  on  behalf  of  the  State  .  .  . 
(6)  he  may  require  the  attorney-general  or  district  attor- 
ney of  any  county  to  inquire  into  the  affairs  or  man- 
agement of  any  corporation  existing  under  the  laws  of 
this  State;  (7)  he  may  require  the  attorney-general  to 
aid  any  district  attorney  in  the  discharge  of  his  duties ; 
(8)  he  may  offer  rewards  not  exceeding  one  thousand 
dollars  each,  payable  out  of  the  General  Fund,  for  the 
apprehension  of  any  convict  who  has  escaped  from  the 
State  Prison,  or  of  any  person  who  has  committed  or  is 
charged  with  the  commission  of  an  offence  punishable 
with  death ;  (9)  he  must  perform  such  duties  respecting 
fugitives  from  justice  as  are  prescribed  by  .  .  .  The  Penal 
Code;  (10)  he  must  issue  and  transmit  election  proc- 
lamations, as  prescribed  in  .  .  .  this  Code  ;  ( 1 1)  he  must 
issue  land  warrants  and  patents  as  prescribed  in  .  .  . 
this  Code  ;  (12)  he  must  .  .  .  deliver  to  the  State  printer 
for  pubHcation  all  biennial  reports  of  officers  and  boards 
...  (13)  he  may  require  any  officer  or  Board  to  make 
special  reports  to  him,  upon  demand,  in  writing;  (14)  he 
may  issue  arms  and  accoutrements  for  the  use  of  colleges ; 
(15)  he  must  discharge  the  duties  of  member  of  the 
board  of  examiners,  of  member  of  the  State  board  of 
education,  of  State  prison  director,  of  State  capital  com- 
missioner, of  orphan  asylum  commissioner,  of  trustee  of 
State  normal  school,  and  of  member  of  the  board  of  mili- 
tary auditors ;  (16)  he  has  such  other  powers  and  must 
perform  such  other  duties  as  are  devolved  upon  him  by 
this  Code,  or  any  other  law  of  this  State. 


THE  STATE  EXECUTIVE 


131 


Appointments  by  the  Governor 
(Subject  to  changes  by  acts  of  legislature  abolishing  or  creating  offices.) 


Opficbrs 


Adjutant-General 

Adult  Blind  Institution  Directors 
Agricultural  Directors,  State  Board 
Agricultural  District  Directors, 

each  district 

Arbitration  Board 

Attorney  for  Boards  of  Health 

Analyst,  State 

Bank  Commissioners 

Brigadier-Generals 

Deaf,  Dumb,  and  Blind  Institution 

Directors 

Dental  Examiners 

Feeble-Minded  Home  Directors  . . 

Fish  Commissioners 

Forestry  Board 

Harbor  Commissioners  — 

Humboldt  

Harbor  Commissioners  —  San 

Diego 

Harbor  Commissioners  —  San 

Francisco 

Health,  San  Francisco  Board 

Health,  State  Board 

Horticultural  Board 

Insane  Asylum  Managers  — 

Agnews    

Insane  Asylum  Managers  —  Men- 
docino   

Insane  Asylum  Managers  —  Napa 
Insane  Asylum  Managers  —  San 

Bernardino 

Insane  Asylum  Managers  — 

Stockton  

Insurance  Commissioner 

Labor  Commissioner 

Major-General  


5  z 
o  u 


It 


> 

S§ 

■J  M 

^1 

si 

IS 

a; -5 

^g 

X 

X 

132 


THE   STATE  EXECUTIVE 


Appointments  by  the  Governor  {concluded^ 


Officers 


Marshal  Monument  Guardian 

Mineral  Cabinet  Trustees 

Mineralogist,  State 

Mining  Bureau  Trustees 

Normal  School  Trustees  —  Chico 
Normal  School  Trustees  —  Los 

Angeles 

Normal  School  Trustees  —  San 

Jos^ 

Notaries  Public 

Park  Commissioners  —  Los 

Angeles 

Park  Commissioners  —  San 

Francisco 

Pharmacy  Board 

Pilot  Commissioners  —  Humboldt 
Pilot  Commissioners  —  San  Diego 
Pilot  Commissioners  —  San 

Francisco 

Pilots  —  Wilmington    

Port  Wardens  —  San  Francisco  . . . 

Prison  Directors 

Reform  School  Trustees 

Regents  of  University 

Registrar  of  Voters  —  City  and  Co. 

of  San  Francisco 

Sacramento  Funded  Debt  Com- 
missioners   

Silk  Culture  Board 

Staff  of  Governor 

State  Burying  Grounds,  Trustees 
Surveyors  —  Examining  Board  . . . 

Sutter's  Fort  Trustees 

Viticultural  Commissioners 

Yosemite  Valley  Commissioners  . . 


5 
Notei 


^^ 


55  <J 


1  Unlimited 
counties. 


except  in  Los  Angeles,  San  Francisco,  and  Solano 


THE  STATE  EXECUTIVE  133 

407.  The  Secretary  of  State  is  charged  with  the  cus- 
tody :    (i)   of  the  enrolled   copy  of  the   Constitution ; 

(2)  of  all  acts  and  resolutions  passed  by  the  legislature ; 

(3)  of  the  journals  of  the  legislature ;  (4)  of  the  great 
seal  j  (5)  of  all  books,  records,  deeds,  parchments,  maps, 
and  papers  kept  or  deposited  in  his  office  pursuant  to  law. 

408.  In  addition  to  the  duties  prescribed  by  the  Con- 
stitution it  is  the  duty  of  the  secretary  of  state  :  firsts  to 
attend  at  every  session  of  the  Legislature  for  the  purpose 
of  receiving  bills  and  resolutions  thereof  .  .  .  second,  to 
keep  a  register  of,  and  attest  the  official  acts  of,  the  Gov- 
ernor ;  third,  to  affix  the  great  seal,  with  his  attestation, 
to  commissions,  pardons,  and  other  public  instruments 
.  .  .  fourth,  to  record  in  proper  books  all  conveyances 
made  to  the  State,  and  all  articles  of  incorporation  filed 
in  his  office ;  fifth,  to  receive  and  record  in  proper  books 
the  official  bonds  of  all  the  officers  .  .  .  sixth,  to  record 
in  a  proper  book  all  changes  of  names  certified  to  him  by 
the  county  clerks  .  .  .  seventh,  to  take  and  file  in  his 
office  receipts  for  all  books  distributed  by  him  .  .  . 
eighth,  to  certify  to  the  Governor  the  names  of  those  per- 
sons who  have  received  at  any  election  the  highest  num- 
ber of  votes  for  any  office,  the  incumbent  of  which  is 
commissioned  by  the  Governor;  ninth,  to  furnish,  on 
demand,  to  any  person  paying  the  fee  therefor,  a  certi- 
fied copy  of  all  or  any  part  of  any  law,  record,  etc.  ; 
tenth,  to  deliver  to  the  State  printer,  at  the  earliest  day 
practicable  after  the  final  adjournment  of  each  session  of 
the  legislature,  an  index  of  all  laws,  resolutions,  and  jour- 
nals, kept,  passed,  or  adopted  at  such  session ;  eleventh,  to 
notify,  in  writing,  the  district  attorney  of  the  proper  county 
of  the  failure  of  any  officer  in  his  county  to  file  in  his  office 


134  THE  STATE  EXECUTIVE 

the  sworn  statement  of  fees  received  by  such  officer; 
twelfth,  to  present  to  the  legislature  ...  a  full  account 
of  all  purchases  made  and  all  expenses  incurred  by  him 
in  furnishing  fuel,  lights,  and  stationery;  thirteenth,  to 
keep  a  fee  book  .  .  .  fourteenth,  to  file  in  his  office  de- 
scriptions of  seals  in  use  by  the  different  State  officers 
.  .  .  fifteenth^  to  discharge  the  duties  of  member  of  the 
State  board  of  examiners,  State  capitol  commissioner, 
State  sealer  of  weights  and  measures,  and  all  other  duties 
required  of  him  by  law ;  sixteenth,  to  report  to  the  Gov- 
ernor .  .  .  seventeenth,  he  must  distribute  of  the  bound 
volumes  of  the  decisions  of  the  Supreme  Court,  as  soon 
as  he  receives  them  :  First,  to  each  State  one  copy 
[here  follow  directions  for  the  distribution  of  docu- 
ments]. 

412.  The  secretary  of  state  is  the  superintendent  and 
has  charge  of  the  State  capitol,  and  he  must  keep  the 
same,  together  with  all  property  therein,  in  good  order 
and  repair. 

433.  The  Controller.  —  It  is  the  duty  of  the  controller  : 
(i)  to  superintend  the  fiscal  concerns  of  the  State  .  .  . 
(2)  to  report  to  the  Governor  ...  a  statement  of  the 
funds  of  the  State,  its  revenues,  and  of  the  public  expen- 
ditures ...  (3)  to  accompany  his  biennial  report  with 
tabular  statements  showing :  (a)  the  amount  of  each 
appropriation  for  the  two  preceding  fiscal  years,  the 
amounts  expended,  and  the  balance,  if  any;  (b)  the 
amount  of  revenue  chargeable  to  each  county  for  such 
years,  the  amount  paid,  and  the  amount  unpaid,  or  due 
therefrom;  (4)  when  requested,  to  give  information  in 
writing  to  either  house  of  the  legislature  ...  (5)  to 
suggest  plans  for  the  improvement  and  management  of 


THE  STATE  EXECUTIVE  I35 

the  public  revenues ;  (6)  to  keep  and  state  all  accounts 
in  which  the  State  is  interested ;  (7)  to  keep  an  account 
of  all  warrants  drawn  upon  the  treasurer  ...  (8)  to 
keep  an  account  between  the  State  and  the  treasurer  .  .  . 
(9)  to  keep  a  register  of  warrants,  showing  the  fund  upon 
which  they  are  drawn  ...  (10)  to  audit  all  claims 
against  the  State  ...  (11)  to  examine  and  settle  the 
accounts  of  all  persons  indebted  to  the  State  ...  (12)  in 
his  discretion  to  require  any  person  presenting  an  account 
for  settlement  to  be  sworn  before  him  ...  (13)  to  re- 
quire all  persons  who  have  received  any  moneys  belong- 
ing to  the  State  and  have  not  accounted  therefor  to  settle 
their  accounts  ;  (14)  in  his  discretion  to  inspect  the  books 
of  any  person  charged  with  the  receipt,  safe  keeping,  or 
disbursement  of  public  moneys ;  (15)  in  his  discretion  to 
require  all  persons  who  have  received  moneys  or  securities, 
or  have  had  the  disposition  or  management  of  any  prop- 
erty of  the  State  of  which  an  account  is  kept  in  his  office, 
to  render  statements  thereof  to  him  ...  (16)  to  direct 
and  superintend  the  collection  of  all  moneys  due  the 
State  ...  (17)  to  draw  warrants  on  the  treasurer  for 
the  payment  of  moneys  directed  by  law  to  be  paid  out 
of  the  treasury  ...  (18)  to  furnish  the  state  treasurer 
with  a  list  of  warrants  drawn  upon  the  treasury;  (19)  to 
have  printed  and  forwarded  to  the  auditor  of  each  county 
blank  State  licenses ;  (20)  to  authenticate  with  his  official 
seal  all  drafts  and  warrants  drawn  by  him,  and  all  copies 
of  papers  issued  from  his  office;  (21)  to  perform  the 
duties  of  a  member  of  the  State  board  of  equalization  and 
of  the  State  board  of  tide  land  commissioners,  and  such 
other  duties  as  are  prescribed  by  law. 

452.   Treasurer.  —  It   is   the   duty  of  the   treasurer: 


136  THE  STATE  EXECUTIVE 

(i)  to  receive  and  keep  in  the  vaults  of  the  State  treasury 
all  moneys  belonging  to  the  State  ...  (2)  to  file  and 
keep  the  certificates  of  the  controller  delivered  to  him 
when  moneys  are  paid  into  the  treasury ;  (3)  to  deliver 
to  each  person  paying  money  into  the  treasury  a  receipt 
.  .  .  (4)  to  pay  the  warrants  drawn  by  the  control- 
ler ..  .  (5)  upon  the  payment  of  any  warrant,  to  take 
upon  the  back  thereof  the  receipt  of  the  person  to  whom 
it  is  paid,  and  file  and  preserve  the  same ;  (6)  to  keep 
an    account    of  all    moneys    received    and    disbursed; 

(7)  to  keep  separate  accounts  of  the  different  funds; 

(8)  to  report  to  the  controller  on  the  last  day  of  each 
month  .  .  .  (9)  at  the  request  of  either  house  of  the 
legislature,  or  of  any  committee  thereof,  to  give  informa- 
tion in  writing  as  to  the  condition  of  the  treasury  .  .  . 
(10)  to  report  to  the  Governor  ...  (11)  to  authenti- 
cate with  his  official  seal  all  writings  and  papers  issued 
from  his  office;  (12)  to  discharge  the  duties  of  State 
capitol  commissioner,  and  such  other  duties  as  may  be 
imposed  upon  him  by  law. 

4  70.  Attorney-General. — It  is  the  duty  of  the  attorney- 
general :  (i)  to  attend  the  Supreme  Court  and  prose- 
cute or  defend  all  causes  to  which  the  State  or  any  officer 
thereof,  in  his  official  capacity,  is  a  party,  and  all  causes 
to  which  any  county  may  be  a  party  ...  (2)  after 
judgment  in  any  of  the  causes  referred  to  in  the  preced- 
ing section,  to  direct  the  issuing  of  such  process  as  may 
be  necessary  to  carry  the  same  into  execution;  (3)  to 
account  for  .  .  .  all  moneys  which  may  come  into  his 
possession  belonging  to  the  State  or  to  any  county ;  (4)  to 
keep  a  docket  of  all  causes  in  which  he  is  required  to 
appear  ...     (5)   to   exercise   supervisory  powers   over 


THE  STATE  EXECUTIVE  1 37 

district  attorneys  ...  (6)  to  give  his  opinion  in  writ- 
ing, without  fee,  to  the  legislature,  or  either  house  thereof, 
and  to  the  Governor,  the  secretary  of  state,  controller, 
treasurer,  surveyor-general,  the  trustees,  or  commissioners 
of  State  institutions,  and  any  district  attorney,  when  re- 
quired, upon  any  question  of  law  relating  to  their  respec- 
tive offices  ;  (7)  when  required  by  the  public  service,  or 
directed  by  the  Governor,  to  repair  to  any  county  in  the 
State  and  assist  the  district  atttorney  thereof  in  the  dis- 
charge of  his  duties ;  (11)  to  discharge  the  duties  of  a 
member  of  the  board  of  examiners,  of  the  board  of 
military  auditors,  and  other  duties  prescribed  by  law; 
(12)  to  report  to  the  Governor  .  .  . 

474.  It  shall  be  the  duty  of  the  attorney-general  to 
institute  investigation  for  the  discovery  of  all  real  and 
personal  property  which  may  have  or  should  escheat  to 
the  State  .  .  . 

483.  Surveyor-General. — It  is  the  duty  of  the  surveyor- 
general  :  ( I )  to  discharge  the  duties  relating  to  the 
public  lands  imposed  upon  him  by  Title  VIII,  of  Part 
III  of  this  Code  [requiring  him,  as  register  of  the  State 
land  office,  to  keep  separate  accounts  and  records  in 
relation  to  each  class  of  lands  to  which  the  State  is 
entitled]  ;  (2)  when  required,  to  survey  and  mark  the 
boundary  lines  of  counties,  cities,  villages,  and  towns; 
(3)  to  report  to  the  Governor  ...  (^)  a  statement  of  the 
progress  made  in  the  execution  of  surveys  ...  {b)  an 
estimate  of  the  aggregate  quantity  of  land  belonging  to 
the  State  ...  {/)  an  estimate  of  the  aggregate  quantity 
of  all  land  used  for  or  adapted  to  tillage  and  grazing 
within  each  county  of  the  State ;  (^)  an  estimate  of  the 
number  of  horses,  cattle,  sheep,  and  swine  within  each 


138  THE  STATE  JUDICIARY 

county  of  the  State  ;  {e)  an  estimate  of  the  quantity  of 
wheat,  rye,  corn,  potatoes,  grapes,  and  other  agricultural 
and  horticultural  productions  of  the  two  preceding  years, 
together  with  his  views  as  to  the  presence,  cause,  and 
remedy  of  any  diseases  or  other  malady  preventing  full 
and  perfect  production ;  (/)  an  estimate  of  the  quantity 
of  all  mineral  lands  within  each  county  of  the  State  .  .  . 
(^)  all  facts  in  his  opinion  calculated  to  promote  the 
development  of  the  resources  of  the  State  j  (4)  to  re- 
quire county  surveyors  and  assessors  to  collect  and 
transmit  to  him,  at  such  times  as  he  may  direct,  informa- 
tion relative  to  the  subject-matter  of  his  biennial  reports  ; 
(5)  to  authenticate  with  his  official  seal  all  writings  and 
papers  issued  from  his  office ;  (6)  to  perform  such  other 
duties  as  may  be  required  of  him  by  law. 

Superintendent  of  Public  Instruction.  —  (The  duties  of 
this  officer  may  be  found  in  the  extracts  from  the  Political 
Code  furnished  to  every  school  in  the  "  School  Law.") 


CHAPTER   XIV 
THE   STATE  JUDICIARY 

1.   Bryce,  Chapter  XLI.    The  State  Judiciary 

Topics.  —  Organization  of  the  judiciary.  Chancery 
and  equity  courts.  Jurisdiction  of  state  courts.  Recog- 
nition of  other  states.  Codes.  Limitations  on  the 
judges.  Appointment  of  judges.  Their  tenure.  Sala- 
ries. Character  of  the  judiciary.  Elevating  influences, 
—  the  federal  courts,  public  opinion,  the  bar.  Recent 
improvements  in  some  states. 


THE  STATE  JUDICIARY  1 39 

Supplementary  Questions.  —  i.  What  are  chancery  courts? 
equity  courts ?  (Consult  dictionary.)  2.  What  is  meant  by 
the  common  law?  3.  What  are  tribunals  of  arbitration? 
4.  What  is  the  value  to  the  community  of  promptness  of  trial 
and  certainty  of  penalty  in  criminal  affairs?  5.  What  is  the 
value  of  promptness  of  decision  in  civil  cases?  6.  What  is  a 
crime? 

2.   Constitution  of  Caliiomia,  Article  VI 

I.  What  courts  has  California?  2.  How  is  the  Supreme 
Court  constituted?  3.  What  rules  of  procedure  are  laid 
down?  4.  When  and  how  are  the  Supreme  Court  jus- 
tices elected?  What  are  their  qualifications?  5.  In 
general,  what  is  the  jurisdiction  of  the  Supreme  Court  ? 
6.  How  many  Superior  Courts  are  there?  7.  Answer  the 
same  questions  as  above,  for  a  Superior  Court.  8.  How 
is  a  vacancy  in  the  Supreme  Court  or  in  a  Superior  Court 
filled?  9.  How  may  judges  be  removed?  10.  Make  a 
list  of  the  restrictions  placed  upon  judges  in  the  Consti- 
tution. II.  What  provision  is  made  for  Justices  of  the 
Peace?  12.  What  are  the  courts  of  record?  13.  How 
are  clerks  provided  for?  14.  How  are  opinions  and 
decisions  published?     15,  How  are  judges  paid? 

For  the  jurisdiction  of  Superior  Courts,  see  under 
"  Government  of  the  County,"  Chapter  XVII,  sec.  2 ; 
for  the  jurisdiction  of  Justices  of  the  Peace,  see  under 
"The  Township  in  California,"  Chapter  XVIII,  sec.  3. 

3.   Practical  Questions  on  the  California  Judiciary 

I.  What  codes  has  California?  Examine  them  and 
report  upon  their  contents.  Consult  some  attorney  or 
well-informed  person  in  regard  to  the  California  codes, 


I40  STATE  POLITICS 

and  get  answers  to  the  following  :  Were  they  well  written, 
i.e.  by  able  and  experienced  lawyers  ?  Are  they  frequently 
amended  ?  Are  they  now  satisfactory  ?  What  is  thought  of 
the  judgment,  expressed  by  Mr.  Bryce,  that  codes  *'  render 
the  law  more  uncertain  and  less  scientific"?  2.  Ascer- 
tain the  names,  residences,  and  dates  of  election  of  the 
justices  of  the  Supreme  Court;  of  the  judges  of  the 
Superior  Court  of  your  county.  Give  an  account  of 
the  professional  and  official  career  of  any  of  them. 
3.  How  do  the  salaries  of  the  judges  compare  with  the 
incomes  of  the  leading  attorneys  who  practise  before 
them?  Would  the  judgeships  be  more  desirable  with  a 
tenure  during  good  behavior?  Would  appointment  by 
the  Governor  give  a  better  selection  thaji  the  method  of 
popular  election  ? 


CHAPTER  XV 
STATE   POLITICS 


1.   Bryce,  Chapter  XLII.     State  Finance 

Topics.  —  Wide  range  of  state  financial  systems.  The 
budget.  Sources  of  revenue.  The  property  tax,  — 
assessment,  equalization,  difficulty  of  discovering  personal 
property.  Injustice  of  the  system.  Licenses.  Exemp- 
tions from  taxation.  Taxes  on  corporations.  Limitation 
of  tax  rates.  Other  limitations  on  the  legislature.  State 
debts.  Limitation  of  borrowing.  Debts  of  local  bodies. 
Recent  reduction  in  state  debts. 

Supplementary  Questions.  —  i .  What  other  sources  of 
revenue   do  some   states   have   besides   those   mentioned  ? 


STATE  POLITICS  I4I 

2.  Does  the  citizen  who  conceals  his  property  for  the  pur- 
pose of  avoiding  assessment  act  honorably  ?  3.  What  would 
be  gained  by  exempting  personal  property  from  assessment  ? 
4.  What  is  personal  property  ?  Illustrate  by  means  of  things 
within  sight.  5.  Compare  the  figures  showing  the  totals  of 
national,  state,  and  municipal  debts  for  each  census  year  since 
1870.  (See  United  States  Census  and  Political  Almanacs.) 
Practical  Questions  on  California.  —  i.  What  was  the  rate 
of  state  tax  for  the  last  fiscal  year?  2.  What  was  the  total 
assessment  valuation  of  property?  (See  Reports  of  State 
Board  of  Equalization.)  3.  The  legislature  having  deter- 
mined upon  the  expenditures,  and  the  total  valuation  having 
been  determined  by  the  assessment,  how  was  the  rate  estab- 
lished? 4.  Assessment  of  taxable  property  is  made  annually 
by  the  assessor  in  each  county.  (See  under  County  Govern- 
ment, Chapter  XVII,  below.)  What  is  the  business  of  the 
State  Board  of  Equalization?  (See  Cal.  Const.,  Art.  XIII, 
and  Pol.  Code.)  5.  Answer  the  following  questions  from 
Cal.  Const.,  Art.  XIII.  What  property  must  be  assessed? 
What  property  is  exempt?  What  rules  are  laid  down  for 
valuation?  How  is  a  mortgage  treated  in  assessment?  A 
owns  a  farm  valued  at  $5000.  It  is  mortgaged  to  B  for  $2000. 
What  are  the  assessments  ?  For  whose  benefit  is  this  arrange- 
ment ?  Is  A  any  better  off  than  if  he  were  assessed  for  the 
full  $5000?  By  whom  are  railroads  operating  in  more  than 
one  county  assessed?  Does  California  collect  a  poll  tax? 
6.  State  taxes  being  collected  by  the  tax  collector  in  each 
county  and  paid  into  the  county  treasury,  with  whom  must 
the  county  treasurer  settle  ?  7.  How  are  demands  on  the  state 
treasury  paid?  (See  above  under  Controller  and  Treasurer.) 
8.  From  the  last  report  of  the  State  Controller  answer  the 
following :  What  are  the  several  funds  ?  What  was  their 
condition  at  the  time  of  the  report  ?  What  were  the  amounts 
received  for  the  year  from  property  taxes,  from  poll  taxes, 
from  railroad  taxes,  from  interest  on  the  bonds  of  the  School 
fund,  from  the  sale  of  State  text-books,  from  rent  of  wharves 


142  STATE  POLITICS 

of  San  Francisco  harbor,  from  sale  of  jute  fabrics  from  San 
Quentin  ?  What  were  the  amounts  expended  from  the  General 
fund,  the  School  fund,  the  San  Francisco  harbor  improvement 
fund,  the  State  University  fund,  the  State  Library  fund  ? 
How  much  was  expended  upon  each  branch  of  the  govern- 
ment, upon  any  particular  institution  ?  9.  Are  the  finances 
of  California  well  managed  ?  If  not,  how  can  any  improve- 
ment be  made  ? 


2.  Bryce,  Chapter  XLIII.    The  Working  of  State  Gov- 
ernments 

Topics.  —  Likeness  of  the  state  governments  to  the 
national.  Differences  between  the  executives.  Duties 
of  state  executive  officers.  How  the  state  executive 
succeeds.  Little  dignity  or  power  in  state  offices.  Im- 
portance of  the  governorship  in  times  of  disturbance. 
Governor's  reputation  made  by  his  vetoes.  Frequent 
opposition  between  governor  and  legislature.  Power 
centres  in  the  legislature.  Comparison  with  Congress. 
Scope  of  state  legislation.  Stability  of  private  law. 
Constant  tinkering  with  administrative  law.  Excessive 
special  legislation.  Control  of  municipalities.  Bad 
methods  in  selecting  legislators.  The  question  of  sala- 
ries. Comparison  of  legislatures  in  different  sections. 
Methods  of  the  corrupt  legislator.  The  spirit  of  localism. 
Its  effect  on  log-rolling.  Lack  of  legislative  leadership. 
How  good  measures  are  secured.     Spirit  of  philanthropy. 

Supplementary  Questions.  —  i.  What  is  the  general  reputa- 
tion of  executive  officers  in  California  for  integrity  and  effi- 
ciency ?  Does  very  much  depend  upon  them  ?  2.  Do  you 
know  of  any  instances  in  California  of  the  governor's  quelling 
disturbances  ?    3.  Has  the  present  governor  gained  a  favor- 


STATE  POLITICS  I43 

able  reputation  by  his  vetoes  ?  4.  Are  the  legislature  and 
the  governor  usually  of  different  parties  ?  5.  Look  up  the 
meaning  of  contracts^  torts,  inheritance.  What  is  the  law  of 
inheritance  in  California  ?  Where  can  you  find  the  general 
laws  in  regard  to  family  relations,  offences,  civil  procedure, 
criminal  procedure  ?  6.  What  is  the  policy  of  California  in 
regard  to  administrative  law  ?  (See  Cal.  Const.,  Art.  XI.) 
7.  What  is  the  policy  of  California  in  regard  to  special  legis- 
lation ?  (See  Cal.  Const.,  Art.  IV,  sec.  25.)  8.  What  is 
the  policy  of  California  in  regard  to  corporations  ?  (See  Cal. 
Const.,  Art.  XII.)  9.  Report  upon  the  method  of  nominating 
and  electing  the  members  of  the  last  legislature.  lo.  Is  it 
customary  to  reelect  ?  If  not,  why  not  ?  11.  Does  the  spirit 
of  localism  prevail  in  California  ?  Is  it  harmful  ?  12.  Who 
were  leaders  in  the  last  legislature  ?  13.  What  pay  do  the 
members  of  the  legislature  receive  ?  14.  What  important 
reforms  have  been  enacted  by  the  legislature  of  California 
within  the  last  few  years  ? 

3.  Bryce,  Chapter  XLIV.     Remedies  for  the  Faults  of 
State  Governments 

Topics.  —  Faults  not  those  that  were  expected.  No 
encroachment  on  the  National  government.  No  move- 
ment toward  a  cabinet  system.  Improvement  of  the 
executive.  The  real  blemishes  in  the  legislature.  The 
list  of  faults.  Their  practical  results.  Attempted  reme- 
dies,— two  houses,  governor's  veto,  constitutional  limi- 
tations and  the  courts  to  enforce  them,  limitation  of 
legislative  sessions.  Attitude  of  better  citizens  toward 
the  faults  of  the  legislature.  Conclusions  in  regard  to  the 
political  importance  of  the  states. 

Supplementary  Questions. —  i.  Ought  California  to  give 
the  appointment  of  state  executive  officers  more  completely 


144  STATE  POLITICS 

to  the  governor  ?  2.  Are  the  faults  of  legislatures,  as  pointed 
out  by  Mr.  Bryce,  true  of  California?  3.  Has  California 
tried  all  the  ways  mentioned  of  controlling  the  legislature  ? 
4.  What  can  you  do  toward  the  improvement  of  the  legislature 
and  the  laws  ? 


4.   Bryce,  Chapter  XLV.     State  Politics 

Topics.  —  Possible  relations  of  state  to  national  parties. 
Their  theoretical  independence.  Actual  absorption  of 
state  parties  in  national.  Causes  of  this  development,  — 
intensity  of  early  national  questions,  election  of  United 
States  senators,  the  federal  offices.  The  victory  of  the 
national  parties  complete.  Results  upon  the  state  gov- 
ernments,— party  distinctions  are  artificial,  not  real ;  par- 
tisanship controls  elections ;  "  Rings  "  multiply.  State 
parties  sometimes  arise.  Illustrations.  State  factions 
formed  by  a  split  in  the  national  party.  Decline  in 
state  politics.  State  affairs  have  lost  not  importance, 
but  interest.  Attitude  of  the  thoughtful  citizen.  Diffi- 
culty of  improvement. 

Supplementary  Questions.  —  i.  Make  a  list  of  important 
questions  in  state  affairs  before  the  people  of  California  at  the 
present  time.  Do  any  parties  take  sides  upon  them  ?  Has 
California  any  state  parties  ?  2.  Watch  the  discussions  at 
election  time  to  see  what  notice  is  taken  of  real  state  ques- 
tions. Are  men  elected  with  reference  to  them  ?  3.  Make 
out  a  historical  sketch  of  the  life  and  activity  of  any  state  par- 
ties of  the  past.  (See  Hittell,  Cahfornia,  vols.  Ill,  IV ;  Davis, 
Political  Conventions.)  4.  Which  is  the  better  course  for  a 
public-spirited  man  desirous  of  promoting  good  state  govern- 
ment, to  keep  himself  in  touch  with  a  national  party, — 
endeavoring  to  use  his  influence  toward  worthy  ends,  —  or 
to  attempt  to  work  outside  of  a  national  party? 


STATE  POLITICS  I45 

Review  Outline 
State  of  California 

Discuss  each  topic  concisely,  yet  comprehensively. 

1.  Area,  boundaries,  physical  characteristics. 

2.  Brief  outline  of  history. 

3.  Present  population,  wealth,  products,  resources. 

4.  Date   and   circumstances  of  adoption  of  present 
Constitution. 

5.  Description  of  the  Constitution  as  a  whole. 

6.  Description  of  parts  of  the  state  organization  : 

a.  The  Legislature. 

b.  The    Executive    (including    elective   offices 

and  all  boards  and  commissions). 

c.  The  Judiciary. 

d.  Counties. 
c.  Cities. 

/.   Electors. 
g.  Citizens. 


PART   IV 

LOCAL  INSTITUTIONS 

CHAPTER   XVI 
THE   GENERAL   SYSTEM 

1.  Bryce,  Chapter  XL VII.     Local  Government 

Topics.  —  State  systems.  Three  types,  —  township, 
county,  mixed.  Origin  of  New  England  towns.  De- 
scription of  the  town.  Its  permanence.  Different  mode 
of  settlement  in  the  South.  Organization  of  the  county. 
Its  relation  to  the  state.  Influences  that  affected  the 
Middle  States  and  the  Northwest.  The  town  meeting 
and  its  functions.  Merits  and  demerits  of  the  town- 
meeting.  The  town  executive.  New  England  counties. 
Counties  of  the  Southern  States  ;  officers  and  their  func- 
tions. Sub-divisions  of  the  county.  Characteristics  of 
the  mixed  type.  Variations.  Progress  of  the  town  sys- 
tem in  Illinois  and  the  West.  The  county  in  the  West. 
Townships  without  the  town  meeting. 

Supplementary  Questions.  —  i .  How  did  the  topography 
of  New  England  affect  the  institutions  of  local  government? 
2.  What  different  influences  were  felt  in  the  South  ?  3.  What 
were  the  advantages  of  the  town  system  in  early  times  ?  Do 
the  same  advantages  exist  now?     (Consult  some  one  who  has 

146 


THE   GENERAL  SYSTEM  I47 

lived  in  New  England.)  4.  Show  how  in  the  settlement  of 
California  the  town  system  would  have  been  impossible. 
5.  What  are  the  advantages  of  the  county  system?  Under 
what  conditions  do  they  appear  greatest?  6.  What  were 
Jefferson's  reasons  for  his  advice  about  towns  (Bryce,  p.  408)  ? 
Was  his  advice  practical?  7.  What  influences  in  the  set- 
tlement of  the  Middle  States  affected  local  institutions? 
8.  What  does  the  spread  of  the  township  in  Illinois  indicate 
about  the  value  of  the  system?  9.  Describe  the  system  of 
local  government  in  any  state  outside  of  California  in  which 
you  may  have  lived. 

2.  Bryce,  Chapter  XL VIII.     Observations  on  Local 
Government 

Topics.  —  Functions  of  local  government,  —  care  of 
roads,  administration  of  justice,  police,  maintenance  of 
the  poor,  public  education.  State  business  performed 
by  the  counties.     Comparison  of  local  systems. 

Supplementary  Questions.  —  i .  Find  some  instance  of  each 
of  the  functions  of  local  government  given  above  and  report 
the  case  in  detail.  Was  the  work  done  well,  promptly,  and 
economically?  2.  Is  local  government  in  your  community 
efficient  ?  If  not,  why  not  ?  3.  Is  the  question  of  relief  of  the 
poor  likely  to  become  more  important  in  the  future  ?  4.  What 
system  of  local  government  would  you  favor  for  Texas  ?  for 
Colorado?  for  the  Santa  Clara  Valley  in  California?  for  the 
mining  regions  of  California?    Give  reasons  in  each  case. 


148 


THE   COUNTY 


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THE   COUNTY 


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I50  THE    COUNTY 

Note.  —  On  property  situated  within  an  incorporated  city  the 
rate  is  from  20  to  30  cents  less  than  above,  because  such  property       I 
is  exempt  from  road  tax.     All  district  and  city  taxes  are  in  addition       '^ 
to  the  above.     Rate  of  state  tax  upon  %\QO'.    1896,  42.9  cts.;  1897, 
51  cts.;  1898,  48.8  cts. 

Questions.  —  In  v^rhich  county  do  you  live?  What  is  the 
origin  of  its  name  ?  Give  a  history  of  its  growth  and  devel- 
opment. What  are  its  leading  industries?  What  is  its  pop- 
ulation? Is  its  population  increasing?  What  is  its  area? 
Give  its  boundaries  as  accurately  as  possible.  Are  they 
natural  lines?  Is  the  county  a  natural  geographical  unit? 
Where  is  its  natural  centre?  What  counties  border  upon 
your  county?  Name  and  locate  their  county  seats.  What 
county  in  the  state  has  the  largest  area?  the  smallest?  the 
greatest  population?  the  least?  What  counties  have  the 
highest  tax  rates?  the  lowest?  Offer  any  suggestion  that 
may  explain  the  difference  in  rates.  What  counties  are  much 
in  debt  ?  Does  debt  tend  to  make  the  tax  rate  high  ?  Which 
county  has  the  most  assessable  wealth?  What  proportion 
is  this  of  the  whole  state  ?  What  county  ranks  next  in  prop- 
erty ?  Suppose  that  a  piece  of  property  in  your  county  was 
assessed  in  1896  at  $5000.  Compute  the  amount  of  taxes 
paid  upon  it  to  the  state,  to  the  county.  Visit  the  Court- 
House  of  your  county  (San  Francisco,  the  City  Hall)  and 
report  upon  the  building,  its  size,  plan,  and  location  of  offices. 
Visit  any  of  the  offices  or  rooms  open  to  the  public  and  report 
observations  in  regard  to  what  may  be  seen  of  the  work  of 
the  office.  What  other  buildings  does  the  county  own  or  use? 
Visit  them  wherever  practicable  and  make  similar  reports. 

2.   Government  of  the  County 

The  Constitution  of  California  (Art.  XI,  sec.  4)  requires 
the  legislature  to  "  establish  a  system  of  county  gov- 
ernments which  shall  be  uniform  throughout  the  state." 


THE   COUNTY  151 

The  legislature  must  also  "  regulate  the  compensation  of 
all  such  ofificers,  in  proportion  to  duties,  and  for  this  pur- 
pose may  classify  the  counties  by  population." 

The  Political  Code  in  Part  IV,  Title  IV,  defined  the 
boundaries  of  the  counties  existing  in  1873,  and  estab- 
lished the  general  county  offices  and  their  powers  and 
duties.  County  boundaries  have  been  changed  by  sub- 
sequent Acts  of  legislature,  especially  in  the  formation 
of  new  counties.  The  organization  of  counties  has  been 
made  uniform  by  the  general  county  government  law  of 
the  legislature  of  1883  and  subsequent  revisions.  The 
latest  complete  edition  (1898)  of  the  County  Government 
Law  is  found  in  the  Statutes  of  1897. 

(Abbreviations.  —  In  the  following  paragraphs  numbers  en- 
closed in  parenthesis  are  references  to  sections  of  the  County  Gov- 
ernment Act  of  1897;  numbers  accompanying  the  letters  P.  C.  are 
references  to  sections  of  the  Political  Code.) 

A  county  is  the  largest  political  division  of  the  State 
having  corporate  powers  (P.  C,  3901). 

Its  powers  can  only  be  exercised  by  the  Board  of 
Supervisors,  or  by  agents  and  officers  acting  under  their 
authority,  or  authority  of  law  (2).     It  has  power : 

1.  To  sue  and  be  sued. 

2.  To  purchase  and  hold  lands  within  its  limits. 

3.  To  make  such  contracts  and  purchase  and  hold 
such  personal  property  as  may  be  necessary  to  the  exer- 
cise of  its  powers. 

4.  To  manage  and  dispose  of  its  property  as  the  inter- 
est of  its  inhabitants  may  require. 

5.  To  levy  and  collect  such  taxes,  for  purposes  under 
its  exclusive  jurisdiction,  as  are  authorized  by  law  (4). 


152  THE    COUNTY 

The  Officers  of  a  county  are  a  Sheriff,  a  County  Clerk, 
an  Auditor,  a  Recorder,  a  Tax  Collector,  a  District  Attor- 
ney, an  Assessor,  a  Treasurer,  a  Superintendent  of  Schools, 
a  Public  Administrator,  a  Coroner,  a  Surveyor,  the  mem- 
bers of  the  Board  of  Supervisors,  and  such  other  officers 
as  may  be  provided  bylaw  (55).  Elected  by  the  voters 
of  each  county  are  the  Judges  of  the  Superior  Court,  and 
also  the  Supervisors  —  five  in  number  (14).  Four  mem- 
bers appointed  by  the  Board  of  Supervisors  for  a  term  of 
two  years,  together  with  the  Superintendent  of  Schools, 
constitute  a  County  Board  of  Education  (P.  C,  1768). 
Where  necessary,  the  Supervisors  may  combine  the  duties 
of  certain  of  the  above  officers,  as  Sheriff  and  Tax  Col- 
lector, etc.  (55). 

Election,  Tenure,  etc,  —  The  first  twelve  officers  above 
mentioned  are  elected  by  the  voters  of  the  county  at  the 
regular  State  election  held  in  November,  1894,  and  every 
four  years  thereafter.  Judges  are  elected  at  the  same 
election,  but  hold  office  for  six  years.  Supervisors  hold 
office  for  four  years,  and  are  elected  two  at  one  election 
and  three  two  years  later  by  the  voters  of  their  districts 
(58,  15).  All  officers  must  be  electors  of  the  county, 
and  Supervisors,  of  their  districts ;  but  women  are  eligible 
to  educational  offices  (54).  All  officers  take  their  offices 
at  12  o'clock  M.  on  the  first  Monday  after  the  first  day 
of  January  following  the  election  (58). 

Offices  and  Residence,  —  All  county  officers  must  have 
their  offices  at  the  county  seat,  and  the  Sheriff,  Clerk, 
Recorder,  Auditor,  Treasurer,  and  District  Attorney  must 
keep  their  offices  open  from  nine  o'clock  a.m.  until  five 
o'clock  P.M.  (61).  No  county  or  township  officer  shall 
absent  himself  from  the  State  for  more  than  sixty  days, 


THE   COUNTY  IS3 

and  for  no  period  without  the  consent  of  the  Board  of 
Supervisors  (64). 

Official  Bonds.  —  The  Board  of  Supervisors  prescribes 
the  amount  of  the  official  bonds,  which  must  be  duly- 
executed  before  the  officers  enter  upon  the  discharge  of 
their  duties. 

Compensation  is  fixed  for  county  officers  by  the  County 
Government  Law. 

Powers  and  Duties  of  County  Officers 

Boards  of  Supervisors,  in  their  respective  counties, 
have  jurisdiction  and  power :  To  supervise  the  official 
conduct  of  all  county  officers;  to  divide  counties  into 
townships,  etc. ;  to  establish  election  precincts,  and  to 
appoint  inspectors  and  judges  of  election,  canvass  all 
election  returns,  and  declare  the  result ;  to  lay  out  and 
manage  public  roads ;  to  provide  for  the  care  of  indigent 
sick  or  the  otherwise  dependent  poor  of  the  county ;  to 
provide  suitable  rooms  for  county  purposes ;  to  cause  to 
be  erected  a  court-house,  jail,  hospital,  and  such  other 
public  buildings  as  may  be  necessary ;  to  examine,  settle, 
and  allow  all  accounts  legally  chargeable  against  the 
county  except  salaries  of  officers,  and  order  warrants 
to  be  drawn  on  the  County  Treasurer  therefor;  to  levy 
taxes  upon  the  taxable  property  of  their  respective  coun- 
ties ;  to  equaUze  assessments  ;  to  maintain  public  pounds  ; 
to  direct  the  prosecution  or  defence  of  all  suits  to  which 
the  county  is  a  party ;  to  grant  licenses  and  franchises,  to 
fill,  by  appointment,  all  vacancies  in  any  office  except 
those  of  Judge  of  the  Superior  Court  and  Supervisor ;  to 
adopt  provisions  for  the  preservation  of  health,  etc.  (25). 


154  ^^^   COUNTY 

The  enacting  clause  of  all  ordinances  of  the  Board  shall 
be  as  follows  :  *'  The  Board  of  Supervisors  of  the  County 
of do  ordain  as  follows  "  (26). 

The  County  Treasurer  must  receive  all  moneys  belong- 
ing to  the  county,  safely  keep  the  same,  and  apply  or  pay 
them  out,  rendering  the  account  thereof  as  required  by 
law ;  file  and  keep  the  certificates  of  the  Auditor ;  keep 
an  account  of  the  receipts  and  expenditure  of  all  such 
moneys;  disburse  the  county  moneys  only  on  county 
warrants  issued  by  the  County  Auditor,  except  on  settle- 
ment with  the  State,  etc.  (67-87). 

The  Sheriff  must  preserve  the  peace ;  arrest  and  take 
before  the  nearest  magistrate  for  examination,  all  persons 
who  attempt  to  commit  or  who  have  committed  a  public 
offence;  prevent  and  suppress  any  afirays,  breaches  of 
the  peace,  riots  and  insurrections  which  may  come  to  his 
knowledge,  attend  all  Courts,  except  Justices,  and  Police 
Courts,  held  within  his  county,  and  obey  their  lawful 
orders  and  directions ;  command  the  aid  of  as  many 
male  inhabitants  of  his  county  as  he  may  think  necessary 
in  the  execution  of  these  duties  ;  take  charge  of  and  keep 
the  County  jail  and  the  prisoners  therein ;  serve  all  pro- 
cess and  notices  in  the  manner  prescribed  by  law,  etc. 
(88-106). 

When  the  Sheriff  is  a  party  to  an  action  or  proceeding, 
the  process  and  orders  therein,  which  it  would  otherwise 
be  the  duty  of  the  Sheriff  to  execute,  must  be  executed 
by  the  Coroner  of  the  county  (104). 

The  County  Clerk  must  take  charge  of  and  safely  keep, 
or  dispose  of,  according  to  law,  all  books,  papers,  and 
records,  which  may  be  filed  or  deposited  in  his  office ; 
act  as  clerk  of  the  Board  of  Supervisors  and  as  clerk  of 


THE   COUNTY  1 55 

the  Superior  Court,  and  attend  each  session  thereof;  is- 
sue all  process  and  notices  required  to  be  issued ;  enter 
a  synopsis  of  all  orders,  judgments,  and  decrees ;  keep 
for  the  Superior  Court  an  index  of  all  suits,  etc.  (20-24. 
107).  He  keeps  the  great  register  of  voters  and  sends 
out  copies  of  the  register  and  all  other  material  for  elec- 
tions to  the  election  officers  in  each  precinct.  P.  C. 
1094-1097. 

The  Auditor  must  draw  warrants  on  the  County  Treas- 
urer in  favor  of  all  persons  entitled  thereto;  examine 
and  settle  the  accounts  of  all  persons  indebted  to  the 
county;  keep  accounts  current  with  the  Treasurer;  ex- 
amine the  books  of  the  Treasurer  and  see  that  they  are 
correctly  kept ;  with  the  Chairman  of  the  Board  of  Super- 
visors and  the  District  Attorney,  count  the  money  in  the 
treasury  once  a  month  (109-118).  He  also  receives 
the  assessment  rolls  of  the  county  from  the  State  Board 
of  Equalization,  makes  out  the  tax  bills  for  all  State, 
county,  and  district  taxes,  and  turns  them  over  to  the 
Tax  Collector  (P.  C,  3727-3738). 

The  Recorder  must  procure  such  books  for  records  as 
the  business  of  his  office  requires ;  upon  the  payment  of 
his  fees  for  the  same,  record  in  large  and  well-bound 
separate  books,  in  a  fair  hand,  deeds,  grants,  transfers, 
and  mortgages  of  real  estate,  releases  of  mortgages, 
powers  of  attorney  to  convey  real  estate  leases,  mortgages 
of  personal  property,  certificates  of  marriage,  wills  ad- 
mitted to  probate,  official  bonds,  notices  of  mechanics' 
lien,  transcripts  of  judgments  which  by  law  are  made 
liens  upon  real  estate,  etc.  He  must  keep  proper  in- 
dexes to  all  records.  -  All  books  of  record,  etc.,  in  the 
Recorder's  office,  must,  during  office  hours,  be  open  to 


156  THE   COUNTY 

the  inspection  of  any  person  and  without  charge  (119- 

131)- 

The  District  Attorney  is  the  pubUc  prosecutor  and 
must  attend  the  Superior  Court  and  conduct  on  behalf  of 
the  people  all  prosecutions  for  public  offences ;  he  must 
institute  proceedings  for  the  arrest  of  persons  charged 
with  pubUc  offences ;  draw  all  indictments ;  defend  all 
suits  brought  against  the  State  or  his  county ;  give  his 
opinion  in  writing  to  county,  district,  and  township  offi- 
cers on  matters  relating  to  the  duties  of  their  offices.  He 
is  the  legal  adviser  of  the  Board  of  Supervisors,  and  must 
attend  their  meetings,  when  required  (132-134). 

The  County  Surveyor  must  make  any  survey  required 
by  order  of  Court,  the  Board  of  Supervisors,  or  upon  ap- 
plication of  any  person ;  keep  a  correct  and  fair  record 
of  all  surveys  made  by  him  \  make  all  surveys  of  county 
roads,  and  perform  such  other  engineering  work  as  the 
Board  of  Supervisors  may  require  (135-141). 

The  Coroner  must  hold  inquests  as  prescribed  in  the 
Penal  Code,  sees.  15 10-15 19  (cases  of  violent  death). 
When  no  other  person  takes  charge  of  the  body,  he 
must  cause  it  to  be  decently  buried,  and  the  necessary 
expenses  may  be  a  legal  charge  against  the  county,  etc. 
(142-146). 

The  Assessor  must,  between  the  first  Mondays  of  March 
and  July  in  each  year,  ascertain  the  names  of  all  taxable 
inhabitants,  and  all  property  in  his  county  subject  to  tax- 
ation, and  must  assess  such  property  to  the  persons  by 
whom  it  was  owned  or  claimed,  or  in  whose  possession 
or  control  it  was  at  twelve  o'clock  m.  of  the  first  Monday 
of  March  next  preceding.  The  assessment  book  must 
show: 


THE   COUNTY  157 

1.  The  name  of  the  person  to  whom  the  property  is 
assessed. 

2.  Land,  by  township,  range,  section,  or  fractional 
section,  etc. 

3.  City  and  town  lots,  naming  the  city  or  town,  and 
the  number  of  lot  and  block,  according  to  the  system  of 
numbering  in  such  city  or  town,  and  improvements 
thereon. 

4.  All  personal  property,  showing  the  number,  kind, 
amount,  and  quality. 

5.  The  cash  value  of  real  estate,  other  than  city  and 
town  lots. 

6.  The  cash  value  of  improvements  on  such  real 
estate. 

7.  The  cash  value  of  city  and  town  lots. 

8.  The  cash  value  of  improvements  on  city  and  town 
lots. 

9.  The  cash  value  of  improvements  on  real  estate 
assessed  to  other  persons  than  the  owners  of  the  real 
estate. 

10.  The  cash  value  of  all  personal  property,  exclusive 
of  money. 

11.  The  amount  of  money,  etc.  (P.  C,  3627-3663). 


Note. — The  Political  Code  also  prescribes  the  duties  of  the 
Board  of  Supervisors  when  acting  as  a  Board  of  Equalization,  and 
of  the  State  Board  of  Equalization,  in  regard  to  assessment  of  prop- 
erty. The  State  Board  of  Equalization  is  also  required  between 
the  first  and  third  Monday  in  September,  of  each  year,  to  determine 
the  rate  of  state  tax  to  be  levied  and  collected  upon  the  assessed 
valuation  of  the  property  of  the  state.  It  must  immediately  there- 
after transmit  to  the  Board  of  Supervisors  and  County  Auditor  of 
each  county  a  statement  of  such  rate  (P.  C,  3672-3705). 


158  THE   COUNTY 

The  Tax  Collector  must  publish  a  notice  in  some  news- 
paper published  in  the  county,  if  there  is  one;  or  if 
there  is  not,  he  must  post  it  in  three  public  places  in 
each  township,  specifying  the  time  and  place  at  which 
payment  of  taxes  may  be  made,  and  the  time  when  they 
become  delinquent,  and  the  penalty.  On  the  first  Mon- 
day in  each  month  he  must  settle  with  the  Auditor  for  all 
moneys  collected  for  the  state  and  county,  and  pay  the 
same  to  the  County  Treasurer.  He  must  publish  the 
delinquent  list  and  designate  the  time  and  place  of  sale, 
etc.  (P.  C,  3746-3319). 

The  Superintendent  of  Schools  must  superintend  the 
schools  of  his  county;  apportion  the  school  moneys  to 
each  school  district ;  on  the  order  of  the  Board  of  Trus- 
tees, draw  his  requisition  upon  the  County  Auditor  for  all 
necessary  expenses  against  the  school  fund  of  any  dis- 
trict ;  keep,  open  to  the  inspection  of  the  public,  a  regis- 
ter of  requisitions ;  visit  and  examine  each  school  in  his 
county  at  least  once  a  year ;  preside  over  Teachers'  In- 
stitutes ;  issue  temporary  certificates  ;  distribute  all  laws, 
reports,  blanks,  etc.,  for  the  use  of  school  officers ;  keep 
in  his  office  the  reports  of  the  Superintendent  of  Public 
Instruction ;  keep  a  record  of  his  official  acts  and  of  all 
the  proceedings  of  the  County  Board  of  Education ;  ex- 
cept in  incorporated  cities,  pass  upon,  and  approve  or 
reject  all  plans  for  schoolhouses  ;  appoint  Trustees  to  fill 
all  vacancies ;  make  reports  when  directed  by  the  Super- 
intendent of  Public  Instruction,  etc.  (P.  C,  1543-1553)- 

The  County  Board  of  Education  is  composed  of  the 
Superintendent  of  Schools  and  four  other  members  ap- 
pointed for  a  term  of  two  years  by  the  Board  of  Super- 
visors.    Two  of  the  appointed  members  must  be  teach- 


THE   COUNTY  1 59 

ers.  The  Board  must  examine  applicants  for  teachers' 
certificates  ;  grant  certificates  of  three  grades,  high  school, 
grammar,  and  primary ;  prescribe  and  enforce  a  uniform 
series  of  text-books,  and  a  course  of  study,  and  adopt  a 
list  of  library  books  and  apparatus  for  district  schools  j 
issue  diplomas  of  graduation  (P.  C,  1 768-1 776). 

The  Public  Administrator  must  take  charge  of  the 
estates  of  persons  dying  within  his  county,  as  follows  : 

1.  Of  the  estates  of  decedents  for  which  no  adminis- 
trators are  appointed,  and  which,  in  consequence  thereof, 
are  being  wasted,  uncared  for,  or  lost. 

2.  Of  the  estates  of  decedents  who  have  no  known 
heirs. 

3.  Of  the  estates  ordered  into  his  hands  by  the  court  j 
and 

4.  Of  the  estates  upon  which  letters  of  administration 
have  been  issued  to  him  by  the  court. 

He  must,  once  in  every  six  months,  make  to  the  Supe- 
rior Court,  under  oath,  a  return  of  all  estates  of  decedents 
which  have  come  into  his  hands,  the  value  of  the  same, 
the  money  which  has  come  into  his  hands  from  such 
estate,  and  what  he  has  done  with  it,  etc.  (Code  of  Civil 
Procedure,  1 726-1 743). 

Jurisdiction  of  the  Superior  Court 

Superior  Courts  have  jurisdiction  of  two  kinds  —  orig- 
inal and  appellate.  They  have  original  jurisdiction  in  all 
cases  in  equity;  in  all  civil  actions  in  which  the  subject 
of  Htigation  is  not  capable  of  pecuniary  estimation ;  in  all 
cases  at  law  which  involve  the  title  or  possession  of  real 
property,  and  in  all  other  cases  in  which  the  demand, 
exclusive  of  interest,  amounts  to  three  hundred  dollars ; 


l60  THE   COUNTY 

of  actions  of  forcible  entry  and  detainer ;  of  proceedings 
in  insolvency,  of  actions  to  abate  a  nuisance,  of  all  mat- 
ters of  probate,  of  divorce,  and  of  all  such  special  cases 
and  proceedings  as  are  not  otherwise  provided  for;  in 
all  criminal  cases  amounting  to  felony.  They  have  the 
power  of  naturalization,  and  to  issue  writs  of  mandamus, 
certiorari,  prohibition,  quo  warranto,  and  of  habeas  cor- 
pus on  petition  by,  or  in  behalf  of  any  person  in  actual 
custody  in  their  respective  counties. 

They  have  appellate  jurisdiction  in  such  cases  arising 
in  justices'  and  other  inferior  courts  in  their  respective 
counties,  as  may  be  prescribed  by  law  (Code  of  Civil 
Procedure,  76-79). 

Juries 

The  following  definitions  are  taken  from  the  Code  of  Civil  Pro- 
cedure, the  number  of  the  section  of  the  Code  being  given  after 
each  quotation. 

A  jury  is  a  body  of  men  temporarily  selected  from  the 
citizens  of  a  particular  district,  and  invested  with  power 
to  present  or  indict  a  person  for  a  public  offence,  or  to  try 
a  question  of  fact  (190).  Juries  are  of  three  kinds: 
I.  Grand  juries;    2.  Trial  juries;   3.  Juries  of  inquest 

(191). 

A  grand  jury  is  a  body  of  men,  nineteen  in  number, 
taken  from  the  citizens  of  a  county,  or  city  and  county, 
to  inquire  into  public  offences  committed  within  the 
county  (192). 

A  grand  jury  must  be  drawn  in  every  county  having 
less  than  three  Superior  Judges  once  every  year ;  and  in 
all  other  counties  two  grand  juries  must  be  drawn  (241). 
(See  also  Penal  Code,  §  915,  etc.) 


THE   COUNTY  l6l 

A  trial  jury  is  a  body  of  men  returned  from  the 
citizens  of  a  particular  district  before  a  court,  or  officer 
of  competent  jurisdiction,  and  sworn  to  try  and  deter- 
mine by  verdict  a  question  of  fact  (193).  It  consists  of 
twelve  men,  but  in  civil  cases,  if  the  parties  so  agree,  of  a 
less  number  (194). 

A  jury  of  inquest  is  a  body  of  men  summoned  from 
the  citizens  of  a  particular  district  before  the  Sheriff, 
Coroner,  or  other  ministerial  officer  to  inquire  of  par- 
ticular facts  (195). 

Qualifications.     A  person  to  act  as  a  juror  must  be  : 

1.  A  citizen  of  the  United  States,  twenty-one  years 
of  age,  a  resident  of  the  state  and  of  the  county. 

2.  In  possession  of  his  natural  faculties  and  of  ordinary 
intelligence,  and  not  decrepit. 

3.  Possessed  of  sufficient  knowledge  of  the  English 
language  (198). 

For  further  information  consult  the  Code  of  Civil  Procedure,  as 
follows : 

Qualifications  of  jurors,  198-199. 
Exemption  from  jury  duty,  200. 

Mode  of  selecting,  summoning,  and  impanelling  juries,  204-251. 
See  also  Cyclopedias:    Britannica,  article,  Jury.     Johnson's, 
article,  Trial.    Lalor,  article,  y«rj/. 

Subdivisions  of  Counties 

Boards  of  supervisors  in  their  respective  counties  have 
power :  To  divide  the  counties  into  townships,  election, 
school,  road,  supervisor,  sanitary,  and  other  districts  re- 
quired by  law,  change  the  same  and  create  others  as 
convenience  requires  (25).     In  some  counties  the  town- 

M 


l62  THE   COUNTY 

ships  serve  also  for  road  and  supervisor  districts ;  in  the 
majority,  however,  they  are  different  areas. 

Road  districts  are  convenient  divisions  of  the  county 
for  the  improvement  and  care  of  the  highways. 

Supervisor  districts  are  divisions  of  the  county  accord- 
ing to  population  for  the  purpose  of  electing  a  supervisor. 

Sanitary  districts  are  particular  areas  organized  for  the 
purpose  of  constructing  a  sewer  system  by  special 
taxation.     (See  Statutes.) 

Irrigation  districts  are  particular  areas  organized  for  the 
purpose  of  building  reservoirs  and  distributing  water  for 
irrigation  by  means  of  special  taxation.  They  have  been 
established  in  Colusa,  Kern,  Los  Angeles,  Orange,  River- 
side, San  Bernardino,  San  Diego,  Shasta,  Stanislaus, 
Tehama,  and  Yuba  Counties.  (See  Statutes,  1887  :  p.  29 
and  amendments  in  1889,  1891,  and  1893.) 

Townships  and  school  districts  are  treated  below  in 
Chapter  XVIII. 

Questions.  —  What  is  the  class  of  your  county?  Of  each 
adjoining  county?  (See  Table,  p.  148.)  Are  any  two 
counties  in  the  same  class?  Referring  to  a  copy  of  the 
County  Government  Law,  ascertain  the  pay  of  every  officer 
of  your  county.  (San  Francisco  pupils  consult  the  Charter.) 
Do  these  salaries  include  the  pay  of  deputies?  From  a 
newspaper  find  the  report  of  the  last  meeting  of  the  Board 
of  Supervisors:  What  was  the  character  of  the  business 
transacted?  Trace  the  full  history  of  each  of  the  following 
acts  of  county  government  through  the  various  offices  con- 
cerned : 

1 .  The  opening  of  a  county  road. 

2.  Building  a  bridge  on  a  county  road,  including  the  levy- 
ing and  collection  of  the  necessary  funds  by  property  tax. 

3.  The  record  of  a  deed. 


THE   COUNTY  163 

4.  The  foreclosure  of  a  mortgage. 

5.  Probating  a  will. 

6.  The  care  and  distribution  of  the  estate  of  a  deceased 
person  by  the  public  administrator. 

7.  The  conduct  of  an  election. 

8.  The  apprehension  of  persons  suspected  of  highway 
robbery. 

9.  Granting  a  teacher's  certificate. 

So  far  as  possible,  study  out  the  above  matters  from 
actual  instances  that  may  come  under  your  observation, 
either  directly  or  through  the  newspapers.  Obtain  a  deed 
and  verify  the  record  in  the  proper  volume  in  the  record- 
er's office.  Make  a  collection  of  the  proclamations, 
notices,  sample  ballots,  etc.,  employed  in  an  election. 
Very  valuable  work  may  be  done  by  studying  the  finances 
of  some  particular  county,  preferably  one's  own.  Watch 
the  county  papers  for  publications  of  reports  of  county 
officers,  as  the  auditor  and  treasurer.  Inquire  of  these 
officers,  or  of  the  county  clerk,  for  annual  reports.  The 
following  tables  (pp.  164-174)  are  taken  from  an  annual 
statement  for  Alameda  County,  compiled  and  published 
by  the  county  clerk. 

Questions  on  the  Taxation  Table  (p.  164). — Are  any  changes 
noticeable  from  year  to  year?  Compute  the  amount  produced 
for  any  year  at  the  above  rates,  for  the  State  Expenses,  General 
County  Expenses,  County  School  Fund,  etc.  Which  bears 
the  greater  part  of  the  burden,  real  estate  or  personal  prop- 
erty ?  Among  what  fimds  are  the  revenues  derived  from  the 
annual  taxes  distributed?  (See  Treasurer's  Balance  Sheet, 
p.  165.)  What  officers  control  the  expenditures?  What 
officers  keep  records  of  these  funds? 


164 


THE   COUNTY 


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THE   COUNTY  165 

Treasurer's  Balance  Sheet,  January  3,  1898 

Alameda  County 

State  Revenue $     348.05 

County  General 99,017.58 

County  Infirmary 35,385.15 

Common  School, 244,558.89 

Teachers'  Institute  and  Library 731-38 

Salary 2,619.19 

Swamp  and  Tide  Land 2,929.04 

Law  Library 581.65 

Road  and  Bridge iio.73 

General  Road 5,489.53 

Altamont  District  Road 830.55 

Alvarado  District  Road 2,479.55 

Bay  District  Road 2,624.59 

Brooklyn  District  Road 10,056.40 

Castro  Valley  District  Road i»35745 

Centreville  District  Road 820.99 

Claremont  District  Road 402.81 

Decoto  District  Road 1,076.77 

Dublin  District  Road 277.65 

Fruit  Vale  District  Road 6,145.88 

Mission  District  Road 701. 97 

Mt.  Eden  District  Road 2,619.67 

Murray  District  Road 2,573.10 

Newark  District  Road 1,236.53 

Niles  District  Road 79146 

Ocean  View  District  Road 464.58 

Palomares  District  Road 401.14 

Peralta  District  Road 1,478.76 

Piedmont  District  Road 1,523.15 

Pleasanton  District  Road 1,457.47 

San  Lorenzo  District  Road 4,333' 27 

Temescal  District  Road 3,79 1 -25 

Valiecito  District  Road 1,604.74 

Washington  District  Road 1,417.84 


i66 


THE   COUNTY 


Road  Damage 

Niles  School  Building      .     . 
Union  School  Building   .     . 
Valle  Vista  School  Building 
Russell  School  Building  .     . 
Bay  School  Building  Bond  . 
Elmhurst  School  Building  Bond 
Fruitvale  School  Building  Bond 
Hays  School  Building  Bond 
Lorin  School  Building  Bond     . 
Newark  School  Building  Bond 
Niles  School  Building  Bond 
Peralta  School  Building  Bond  . 
Piedmont  School  Building  Bond 
Pleasanton  School  Building  Bond 
Russell  School  Building  Bond  . 
Sunol  Glen  School  Building  Bond 
Temescal  School  Building  Bond 
Union  School  Building  Bond    . 
Valle  Vista  School  Building  Bond 
Warm  Springs  School  Building  Bond 
Adeline  Sanitary  (Running  Expense) 
Adeline  Sanitary  (Bond  and  Interest) 
Fruitvale  Sanitary  No.  i  (Running  Expense) 
Fruitvale  Sanitary  No.  i  (Bond  and  Interest) 
Fruitvale  Sanitary  No.  2  (Running  Expense) 
Fruitvale  Sanitary  No.  2  (Bond  and  Interest) 
Golden  Gate  Sanitary  (Running  Expense) 
Golden  Gate  Sanitary  (Sewer  Construction) 
Golden  Gate  Sanitary  (Bond  and  Interest) 
Piedmont  Sanitary  (Running  Expense) 
Piedmont  Sanitary  (Sewer  Construction) 
Piedmont  Sanitary  (Bond  and  Interest) 

Estate  of  Jim  Gong 

Union  High  School  No.  i 

Union  High  School  No.  2 

Union  High  School  No.  3 


THE   COUNTY  167 

Special  School  Fund 

Berkeley ^501.56 

Emeryville 182.28 

Fruitvale 4.25 

Hays 5.9s 

Lockwood 7.50 

Oakland 48.63 

Peralta 53.47 

Sunol  Glen 85.25 

Temescal i.cx> 

Union 3.60 

Valle  Vista 2.00 

Total $490,199.23 

Questions.  —  Select  some  item  of  the  above  that  comes  the 
nearest  to  your  own  opportunities  for  observation.  See  if  you 
can  ascertain  the  total  expenditure  from  this  fund  for  the  past 
year,  and  how  much  benefit  the  public  received  therefrom. 
Was  the  money  wisely  and  economically  expended  ?  If  not, 
why  not? 

Directory  of  the  County  Government 

From  the  State  Blue  Book,  from  the  newspapers  pub- 
lished in  the  county,  from  inquiry,  or  from  county  records 
and  publications,  compile  a  Directory  of  the  County  Gov- 
ernment of  your  county  like  the  following.  If  possible, 
include  the  names  of  all  deputies  under  their  proper 
offices.  Supply  residences  and  any  other  facts  of  interest 
in  regard  to  the  officers. 

Alameda  County,  1897- 1898 

Judges  of  the  Superior  Court 

Hon.  W.  E.  Greene,  Hon.  John  Ellsworth, 

Hon.  Frank  B.  Ogden,  Hon.  Samuel  P.  Hall. 


1 68  THE   COUNTY 

County  Clerk  and  Ex-  Officio  Clerk  of  the  Superior  Court 

Frank  C.  Jordan. 

District  Attorney,  Charles  E.  Snook. 

Sheriff,  Calvin  B.  White. 

Assessor,  Henry  P.  Dalton. 

Auditor,  Myron  A.  Whidden. 

Recorder,  Charles  H.  Spear. 

Tax  Collector,  James  B.  Barber. 

Treasurer,  O.  M.  Sanford. 

Superintendent  of  Schools,  J.  P.  GarUck. 

Surveyor,  Geo.  L.  Nusbaumer. 

Coroner,  R.  O.  Baldwin. 

Public  Administrator,  W.  H.  Knight. 

Board  of  Supervisors,  189  7-1 898 

Thomas  D.  Wells District  No.  i 

J.  R.  Talcott District  No.  2 

Will  H.  Church District  No.  3 

Charles  Roeth District  No.  4 

John  Mitchell District  No.  5 

J.  R.  Talcott,  Chairman. 

Frank  C.  Jordan,  Clerk. 

Standing  Committees,  189 7-1 898 
Judiciary,     County     Buildings     and     Improvements  — 

Mitchell,  Roeth,  and  Church. 
Auditing  and  Finance  —  Mitchell,  Church,  and  Roeth. 
Roads,    Bridges,   and    Franchises  —  Roeth,   Wells,   and 

Mitchell. 
Hospital  —  Church,  Mitchell,  and  Roeth. 
Printing  —  Roeth,  Mitchell,  and  Wells. 


THE  COUNTY  169 

Appointive 

County  Expert  —  Fred  A.  Davis. 

Game  Warden  —  J.  L.  Donovan. 

Superintendent  County  Infirmary  —  Dr.  W.  A.  Clark. 

Physician  and  Surgeon  County  Jail —  Dr.  Chas.  M.  Fisher. 

Physician  Receiving  Hospital  —  Dr.  R.  T.  Stratton. 

Health  Officers 

Oakland  Township,  B.  T.  Mouser. 
Washington  Township,  Dr.  J.  P.  Young. 
Murray  Township,  Dr.  R.  O.  Bellamy.  • 

Horticultural  Commissioners 
A.  D.  Pryal,  Wm.  Barry,  E.  O.  Webb. 

County  Board  of  Education 

W.  F.  B.  Lynch,  President. 

J.  P.  Garlick,  Secretary. 

W.  B.  Ludlow,        H.  C.  Petray,        J.  H.  Eickhoff. 

Justices  of  the  Peace ^  Alameda  County 

Alameda  Township  —  H.  T.  Morris,  G.  A.  Swasey. 

City  of  Alameda  —  A.  F.  St.  Sure,  Recorder. 

Oakland  Township  — F.  C.  Clift. 

City  of  Oakland  — J.  J.  Allen  and  Fred  H.  Wood,  City 

Justices. 
Town  of  Emeryville  —  J.  J.  Quinn,  Recorder. 
Brooklyn  Township  —  E.  L.  Lawrence. 
Eden  Township  —  J.  E.  Quinn,  Jos.  Pimentel. 
Washington  Township  —  E.  A.  Richmond,  S.  Sandholdt. 
Murray  Township  —  J.  H.  Taylor,  Wm.  Brophy. 


170  THE   COUNTY 


Constables 


Oakland  Township  —  J.  F.  Cronin,  G.  A.  Koch. 
Town  of  Emeryville  —  James  T.  Gushing,  Marshal. 
Brooklyn  Township  —  Chas.  F.  Weldon,  J.  W.  Glaze. 
Alameda  Township  —  H.  W.  Van  Kapff,  Geo.  D.  Gray. 
Eden  Township  —  W.  J.  Ramage,  J.  A.  Gallet. 
Washington  Township  —  George  Wales,  S.  B.  Vander- 

voort. 
Murray  Township — L.  Lyster,  G.  S.  Fitzgerald. 

Questions  on  the  Directory.  —  How  many  of  these  offices 
are  filled  by  popular  election  ?  What  other  appointive  officers 
are  there  whose  names  do  not  appear  here  ?  Make  an  esti- 
mate of  the  number  of  persons  engaged  in  the  government  of 
this  county.  To  whom  are  they  responsible  for  their  official 
conduct  ?  Can  such  responsibility  be  as  direct  and  definite 
as  in  a  business  corporation  ? 

Receipts  and  Disbursements 

By  County  Treasurer 

Receipts^  1897 

State  and  County  Taxes ^813,128.65 

School  Taxes 183,119.67 

Personal  Property  Taxes 25,749.78 

Poll  Taxes 20,584.45 

Road  Poll  Taxes 6,136.15 

School  Moneys  received  from  State 271,747.33 

Railroad  Taxes 15,872.22 

Redemption 7,388.84 

Delinquencies 3,401.73 

State  School  Lands 104.44 

Collateral  Inheritance  Tax 7»029.52 

Licenses 14,546.15 

Fines 3»O49'20 


THE   COUNTY  171 

Fees  earned  by  County  Officers $37,104.21 

Law  Library,  Fees  and  Dues 1,685.00 

Teachers  Institute  and  Library  Fees 452.00 

Feeding  United  States  Prisoners 576.80 

Return  One-half  Salary  Webster  Street  Bridge  Tender  800.00 

Advertising 841.50 

Sale  Old  Lumber  and  Bricks 257.30 

Sale  of  Property  Unknown  and  Indigent  Dead    .     .     .  29.37 

Overcharge  in  Qaims 9.75 

Return  of  Money  by  Hamburg  Commission    ....  250.00 

Costs  of  Suit,  Buswell  z/j.  Supervisors 428.10 

Money  Found  on  Deceased  Indigent 11 7.05 

Maintenance  Orphans  by  the  State 10,165.55 

Manse  Clinics 58.95 

Error  in  Claims 7.00 

Sale  of  Dirt  (Fruitvale  District) i95-5o 

Sale  of  Rock  (Peralta  District) 20.00 

Duplicate  Claims  (Brooklyn  District) 30.00 

Donation  (Brooklyn  District) 150.00 

School  Building  Funds  —  Sale  of  Bonds 3,210.00 

Bay  School  District  Taxes 2,723.30 

Elmhurst  School  District  Taxes 225.70 

Fruitvale  School  District  Taxes 3,018.85 

Hays  School  District  Taxes .72 

Lorin  School  District  Taxes 1,507.67 

Newark  School  District  Taxes 5I5'9S 

Niles  School  District  Taxes 707*78 

Peralta  School  District  Taxes 1.21 

Piedmont  School  District  Taxes 2,897.40 

Pleasanton  School  District  Taxes 2,758.23 

Russell  School  District  Taxes 582.68 

Temescal  School  District  Taxes 10.46 

Union  School  District  Taxes 698.83 

Questions.  —  From  the  above  examples,  what  are  the  chief 
sources  of  county  revenues  ?  What  are  miscellaneous  sources  ? 
Can  any  other  sources  of  revenue  be  suggested  ?  What  money 
is  received  by  the  Treasurer  that  is  not  to  be  expended  in  the 


1/2  THE   COUNTY 

county?  What  money  is  received  from  the  State  Treasury? 
How  were  the  School  District  Taxes  levied  ?  By  whom  are 
they  to  be  spent?  For  what  purposes?  Why  do  not  the 
names  of  all  school  districts  appear  in  this  statement? 

Disbursements^  1897 

Total  Amount  paid  by  order  of  Board  of  Supervisors  II38 1,054.78 

Total  Amount  paid  for  Salaries  of  County  Officials     .  121,154.19 

Amount  expended  for  Maintenance  of  Public  Schools  430,713.05 

Total  Amount  paid  on  Orders  of  Judges  and  Justices  i7>737-30 
Payments  made  by  County  Treasurer  by  Authority  of 

the  Statutes 548,679.11 

Total  Disbursements ^^  1,499.338.43 

By  Balance  in  County  Treasury,  January  2,  1898  .    .       490,199.23 

^i,989»537-66 

Summary  of  Claims  allowed  against  the  County  of 
Alameda  during  1897 


AINTENANCE  OF  GOVERNMENT. 

{a)  Legislative  and  Executive. 

Board  of  Supervisors  —  Salaries  and 

Mileage  Fees 

;^i  1,521.70 

County  Clerk  —  Salaries  and  Inci- 

dental Disbursements    .... 

23,556.60 

County    Recorder — Salaries    and 

Incidental  Expenses      .... 

18,228.57 

Surveyor  —  Incidental  Expenses  of 

Office 

185.05 

General  Expense  —  Accounts  other 

than  Departments  and  Districts 

24,631.26 

;J578,i23.i8 

(J>)  Election  Expenses'^ 

212.70 

(0   Legal. 

County  Litigation —Expenses  .    . 

284.00 

^78,619.88 

1  Not  a  regular  election. 


THE  COUNTY  173 

(^)  Financial  System. 

State   Government  —  Contribution 

from  Alameda  County  ....  $460,132.79 

Assessor  —  Salaries  and  Incidental 

Expenses 25,915.50 

Auditor  —  Salaries  and  Incidental 

Expenses 6,534.88 

Tax  Collector  —  Salaries  and  Inci- 
dental Expenses 11,319.54 

Treasurer  —  Salaries  and  Incidental 

Expenses 6,51745 

Rebates — Taxes,  Fines,  etc.      .     .         5,257.17 

Interest  on  Registered  Warrants    .  130.53  ;?>5 15,807.86 

^594427-74 
Care  of  Public  Grounds  and  Buildings. 

Court  House —  Expenses  of  Main- 
tenance and  Repair ;^8,32l.53 

Hall  of  Records — Expense  of  Main- 
tenance and  Repair 12,448.97 

Grounds  and   Gardens  —  Care   of 

and  Maintenance 2,315.45     $23,085.95 

Public  Education. 

Board  of  Education — Salaries  and 

Incidental  Expenses  .         .         .  $1,396.25 

Superintendent  of  Schools  —  Sala- 
ries and  Incidental  Expenses      .  4,997.22 

Schools — Disbursements  in  Various 

I^istricts 445,482.33 

Teachers'  Institute  —  Expenses      .  217.90 

Law  Library 2,297.25 

School  Building 3,526.01 

Union  High  and  Special  Schools  — 

Maintenance  and  Expenses    .     .  42,587.30 

Bonds,  etc 19,053.00  $519,557.26 


I 


174  THE   COUNTY 

Public  Charities  and  Hospitals. 

Infirm  and  Aged  —  County  Infirm- 
ary Expenses  i?^S5>953-69 

Emergency  and  Accident — Receiv- 
ing Hospital  and  Insane  Annex 

Expenses 6,308.53 

Indigents  —  Supplies  to    ....       I7>353.95 

Indigents  —  Burial  of 2,215.00 

Criminals  —  Feeding  of    ...     .         5,043.60 
Incorrigibles  —  Maintenance      at 

Reform  Schools 1,664.00 

Public  Justice  and  Protection. 

Coroner  —  Fees  and  Expenses  .     .  1^6,649.38 

County  Jail  —  Maintenance  and  Re- 
pairs    4.470-56 

Constables  —  Fees  and  Expenses  .  14,510.60 

District  Attorney  —  Fees  and  Ex- 
penses      16,002.98 

Grand  Juries  —  Expenses  and  Com- 
pensation      2,324.10 

Health  Officers  —  Salaries     .     .     .  249.35 

Judges,  Superior —  Half  of  Salaries 

paid  by  Alameda  County  .     .     .  20,204.33 

Justices' Courts — Fees  and  Expenses  9,819.85 

Rebate  of  Fees 13.94 

Appraisers'  Fees 66.70 

Sheriff —  Salaries  and  Expenses     .  1 8, 1 1 8. 1 7 

Stenographers  —  Fees,  etc.   .     .     .  16,573.91 

Sanitary  Districts  —  Running  Ex- 
penses and  Redemptions   .     .     .  20,734.33 

Township    Jails  —  Expenses    of 

Maintenance 44-75 

Witness  Fees — Criminal  Cases      .  i>354.78  ^^131, 137.73 

Public  Highways. 

County  Roads  —  Maintenance  and 

Betterment ^$147,367.14 


THE   COUNTY  1/5 

Questions.  —  What  four  authorities  have  power  to  order 
payments  from  the  County  Treasury  ?  What  are  the  largest 
items  of  expenditure,  excluding  the  payments  to  the  State 
Treasury?  What  persons  in  the  county  control  the  largest 
part  of  public  expenditure  ?  Compare  the  amount  expended 
for  public  charity  with  that  spent  for  maintaining  the  public 
schools.  Which  does  the  more  good?  Compare  cost  of  the 
courts  with  that  of  the  schools.  Could  it  be  shown  that  if 
people  were  better  educated  the  courts  might  cost  less? 
What  lines  of  expenditure  seem  to  you  extravagant,  if  any? 
What  lines  ought  to  be  increased? 


Outlines  of  Legal  Procedure 
(chiefly  in  the  superior  court) 

Look  up  the  following  references  and  report  precise 
definitions.  Consult  also  dictionaries  and  law  diction- 
aries, as  Abbott's  Law  Dictionary  and  Anderson's  Dic- 
tionary of  Law,  for  each  particular. 

1.  Outline  of  Civil  Action  in  the  Superior  Court. 
See  sections  of  Code  of  Civil  Procedure  as  follows  :  Com- 
plaint, 405,  425-426.  Summons,  407-416.  Demurrer, 
430.  Answer,  437.  Pleadings,  420-422.  Judgment, 
577.     Issues  and  mode  of  trial,  588-591. 

2.  Ascertain  the  meaning  of  the  following  terms : 
Injunction,  525.  Attachment,  537.  Costs,  1021-1024. 
Writ  of  review,  106 2-107 1.  ^^it  of  mandate,  1084- 
1087.     Writ  of  prohibition,  1 103-1 104. 

3.  What  is  an  appeal?     938-940. 

4.  Give  the  meaning  of  the  following  terms  in  Probate 
business.  See  dictionaries  and  Code  of  Civil  Procedure, 
Part  III :  Title  XI :  Will.  Probate.  Executor.  Admin- 
istrator.    Guardian. 


1/6  THE   COUNTY 

5.  What  is  the  law  for  the  distribution  of  the  estate 
of  a  person  dying  intestate?     Civil  Code,  1386. 

6.  What  is  the  right  of  eminent  domain?  Code  of 
Civil  Procedure,  1237-1241. 

7.  Give  exact  definitions  for  the  following.  See  sec- 
tions of  Penal  Code  as  follows :  Crime,  15.  Punish- 
ments, 15.  Felony,  17.  Misdemeanor,  17.  Lawful 
Resistance,  692-694. 

8.  Outline  of  Criminal  Procedure  before  a  magistrate 
and  in  the  Superior  Court.  See  sections  of  the  Penal 
Code  as  follows :  Complaint,  806.  Warrant  for  arrest, 
811,  etc.  Magistrates  who  may  issue  warrants,  807-808. 
Arrest,  834-851.  Examination,  858-870.  Testimony, 
C.  C.  P.  1827,  1878-1884.  Result  of  examination,  871- 
872.  Holding  to  answer  and  commitment,  872-873, 877. 
Bail,  875.  Indictment,  888, 950-952.  Arraignment,  976, 
988.  Demurrer,  1002, 1004.  Plea,  1016, 1017.  Change 
of  venue,  1033-1038.  Formationof  the  jury,  1 046-1049. 
Challenging  the  jury,  1055-1088.  Trial,  1041-1042, 1093. 
Evidence,  argument,  charge  to  the  jury,  verdict,  1135- 
1 1 5  7.  Acquittal  and  discharge,  1 1 65 .  Exceptions,  1 1 70- 
1173.  New  trial,  1 1 79-1 181.  Arrestof  judgment,  11 85- 
1188.  Judgment  and  execution,  1191-1220.  Appeal, 
1235-1243. 

9.  Having  completed  the  studies  indicated  above,  give 
a  complete  account  of  the  trial  of  a  civil  case  in  the 
Superior  Court ;  of  the  probating  of  a  will ;  of  the  care 
of  the  property  of  a  minor ;  of  a  criminal  case  in  which 
the  offence  charged  is  a  felony. 

10.  So  far  as  possible  illustrate  each  point  in  the  above 
(No.  9)  by  actual  instances  either  of  personal  knowledge 
or  from  newspaper  report. 


THE  COUNTY  lyy 

II.  After  consultation  with  your  parents  or  adult 
friends  visit  some  court-room  and  make  a  report  upon 
the  business  transacted. 

Write  a  Topical  Review  of  the  work  on  California 
County  Government,  making  use  of  the  form  given  for 
the  school  district  on  page  i88  with  proper  changes  in 
the  list  of  officers. 

3.  History  and  Description  of  County  Government 

Bibliography 
Gomme.     Literature  of  local  institutions. 

General 

Fiske.     Civil  government,  ch.  iii. 

Howard.     Local  constitutional  history,  pt.  iii. 

Wilson.     The  state.     Index,  county y  sheriff, 

Langmead.     English  constitutional  history,  16-18. 

Chalmers.     Local  government,  ch.  vi. 

Stubbs.    Constitutional  history  of  England,  1 :  1 28-139. 

Freeman.     Comparative  poHtics,  ch.  iii. 

In  California 

Bancroft.     CaUfornia,  VI :  ch.  xix. 

Cronise.     Natural  wealth  of  CaUfornia,  ch.  iii. 

Special  county  histories,  usually  illustrated. 

New  Year's  editions  of  San  Francisco  daily  papers. 


I 


In  Older  States 

Ford.     American  citizen's  manual,  I :  ch.  ii. 
Hart.     Practical  essays,  ch.  vii.    Same  in  Chautauquan, 
XIV:  274-278  (Dec,  1891). 


178  THE   TOWNSHIP 

Hart.  American  history  told  by  contemporaries,  II : 
188-208. 

See  Atlases  and  volumes  of  American  Commonwealth  Series  for 
maps  showing  counties  in  various  states. 

The  following  are  in  volumes  of  the  Johns  Hopkins 
University  Studies : 

Channing.     Town  and  county  government,  II :  x. 

Ingle.     Virginia  local  institutions,  III :  ii,  iii. 

Shaw.     Local  government  in  Illinois,  I :  iii. 

Gould.     Local  government  in  Pennsylvania,  I :  iii. 

Johnson.     Old  Maryland  manors,  I :  vii. 

Wilhelm.     Maryland  local  institutions.  III :  v,  vii. 

Ramage.     Local  government  in  South  Carolina,  I :  xii. 

Bemis.  Local  government  in  the  South  and  South- 
west, XI :  xi,  xii. 


CHAPTER   XVIII 
THE   TOWNSHIP   AND   ITS   MODIFICATIONS 

1.  The  New  England  Town  and  its  History 

The  township  organization,  with  town  meeting  and  elec- 
tion of  local  officers,  was  adapted  by  the  founders  of  New 
England  from  the  parish  system  of  England  at  the  time 
of  the  colonization.  Parish,  or  township,  history  in  Eng- 
land carries  the  student  back  to  the  beginnings  of  the 
nation  in  the  days  of  Teutonic  settlement.  A  still  older 
chapter  in  this  history  can  be  found  in  the  institutions  of 
the  early  Germans.  Thus  the  town  is  far  the  oldest  of 
our  institutions.  This  history  can  be  studied  from  the 
following  references : 


AND  ITS  MODIFICATIONS  1 79 

Early  History  and  Description  of  the  Township 

Fiske.     Civil  government,  ch.  ii. 

Fiske.     American  political  ideas,  ch.  i. 

Howard.     Local  constitutional  history,  pt.  i. 

Wilson.     The  state.     Index,  iowns^  township,  parish. 

Maine.     Village  communities,  78-82. 

Seebohm.     EngUsh  village  community.     Maps. 

Chalmers.     Local  government,  chs.  ii,  iii. 

Hearn.     Aryan  household,  ch.  ix. 

Laveleye.     Primitive  property,  chs.  ii,  iv,  vii. 

Gomme.     Village  community.     Maps. 

Stubbs.     Constitutional  history  of  England,  I :  ch.  v. 

Langmead.     English  constitutional  history,  5-16. 

In  New  England 

Howard.     Local  constitutional  history,  50-99. 

Hart.  Practical  essays,  ch.  vi.  Same  in  Chautauquan, 
XIV:  145-149  (Nov.,  1891). 

Taylor.     English  constitution,  1 :  29-31. 

Quincy.     Municipal  history  of  Boston,  chs.  i-iii. 

Winsor.  Memorial  history  of  Boston,  I :  Colonial 
period,  chs.  iii,  etc. 

Andrews.     United  States,  1 :  39-47. 

Hildreth.     United  States,  I :  ch.  vii. 

Parker.  Origin,  etc.  of  New  England  towns,  Mass. 
Historical  Society,  1866-1867. 

Adams.  Genesis  of  the  Massachusetts  town,  Mass. 
Historical  Society.  Proceedings,  VII:  172-263  (Jan. 
1892). 

Hart.  American  history  told  by  contemporaries,  II : 
212-223. 


l80  THE    TOWNSHIP 

The  following  are  in  volumes  of  the  Johns  Hopkins 
University  Studies : 

Andrews.     River  towns  of  Connecticut,  VII :  vii-ix. 

Hosmer.  Samuel  Adams,  the  man  of  the  town-meet- 
ing, II :  iv. 

Levermore.  Town  and  city  government  of  New  Haven, 
IV  :  X.     Republic  of  New  Haven,  Extra  vol.  I. 

Channing.     Town  and  county  government,  II :  x. 

Adams.     Germanic  origin,  I :  ii. 

Modern  Town-meeting 

Hart.  Town  government  in  Cape  Cod,  Nation,  LVI : 
343  (May  ii,  1893). 

Fiske.     Town-meeting,  Harper's  monthly,  Jan.  1885. 

Hosmer.  Samuel  Adams,  ch.  xxiii  (Town-meeting  of 
to-day) . 

A  good  understanding  of  the  character  and  scope  of 
the  business  transacted  at  the  annual  meeting  of  a  New 
England  town  can  be  gained  from  the  following  copy 
of  the  Town  Warrant  of  the  Town  of  Andover,  Mass., 
as  published,  in  announcement  of  the  meeting,  in  the 
Andover  Townsman  of  March  4,  1898. 

Town  Warrant 

In  the  name  of  the  Commonwealth  of  Massachusetts  you 
are  hereby  directed  to  notify  and  warn  the  inhabitants  of 
the  Town  of  Andover,  qualified  to  vote  in  town  affairs,  to 
meet  and  assemble  in  the  Town  House,  in  said  Andover, 
on  Monday,  the  seventh  day  of  March,  1898,  at  nine 
o'clock  A.M.,  to  act  on  the  following  articles,  namely : 

Article  i.  —  To  choose  a  Moderator  to  preside  at  said 
meeting. 


AND  ITS  MODIFICATIONS  l8l 

Article  2.  —  To  choose  Town  Clerk,  Treasurer,  Collec- 
tor of  Taxes,  one  member  of  the  Board  of  Selectmen, 
Assessors,  and  Overseers  of  the  Poor  for  one  year  or 
three  years  as  the  meeting  may  determine,  and  one 
member  for  one  year  to  fill  vacancy,  one  member  of  the 
Board  of  Health  for  three  years,  and  one  member  for  two 
years  to  fill  vacancy,  three  members  of  the  School  Com- 
mittee for  three  years,  one  Water  Commissioner  for  three 
years,  one  Trustee  of  the  Memorial  Hall  for  seven  years, 
one  Sewer  Commissioner  for  three  years.  Superintendent 
of  Streets,  five  Trustees  of  Punchard  School  for  three 
years,  one  or  more  Auditors  of  Accounts,  Constables, 
Fence  Viewers,  Field  Drivers,  Surveyors  of  Lumber,  a 
Pound  Keeper,  Fire  Wards,  and  any  other  officers  the 
town  may  determine  to  choose. 

Article  3.  —  To  take  action  on  the  following  question, 
"  Shall  Licenses  be  granted  for  the  sale  of  Intoxicating 
Liquors  in  this  town?" 

Article  4.  —  To  determine  what  sums  of  money  shall 
be  appropriated  for  Schools,  Schoolhouses,  School  Books 
and  Supplies,  Highways  and  Bridges,  Sidewalks,  Remov- 
ing Snow,  Horses  and  Drivers,  Town  Officers,  Town 
House,  Hay  Scales,  Fire  Department,  Insurance,  Street 
Lighting,  Printing  and  Stationery,  Spring  Grove  Ceme- 
tery, Memorial  Day,  State  and  Military  Aid,  Waterworks, 
Interest  on  Bonds,  Funds  and  Notes,  State  and  County 
Taxes,  Abatement  of  Taxes,  Almshouse  Expenses,  Relief 
out  of  Almshouse,  Repairs  on  Almshouse,  and  other  town 
charges  and  expenses. 

Article  t^.  —  To  see  if  the  Town  will  appropriate  a 
sum  of  money  for  a  Steam  Fire  Engine  on  petition  of 
the  Engineers. 


1 82  THE   TOWNSHIP 

Article  6.  —  To  see  if  the  Town  will  appropriate  a 
sum  of  money  for  an  addition  to  the  present  Engine 
House  No.  I,  for  a  stable,  on  petition  of  the  Engineers. 

Article  7.  —  To  see  if  the  Town  will  appropriate  a  sum 
of  money  to  paint  and  repair  Engine  House  at  Ballard 
Vale,  on  petition  of  Engineers. 

Article  8.  —  To  see  if  the  town  will  accept  Chapter 
386,  Acts  of  1895,  as  amended  by  Chapter  139,  Acts  of 
1897,  entitled  an  Act  to  authorize  the  Town  of  Andover 
to  estabHsh  a  system  of  Sewerage. 

Article  9. — To  see  if  the  Town  will  accept  that  portion 
of  the  system  of  sewers  shown  on  plan  of  McClintock  and 
Woodfall,  dated  January,  1894,  lying  on  the  east  side  of 
the  Shawsheen  River,  together  with  the  outlet  to  th( 
Merrimac  River,  as  a  sewerage  system  and  authorize  the 
construction  thereof. 

Article  10.  —  To  see  if  the  Town  will  authorize  the 
issue  of  Eighty  Thousand  Dollars  of  Bonds  for  Sewer  con- 
struction, on  recommendation  of  Sewer  Commissioners. 

Article  11. — To  see  if  the  Town  will  appropriate 
sum  of  money  to  extend  the  concrete  walk  around  the 
southerly  end  of  Crescent  Park,  on  petition  of  the  Village 
Improvement  Society. 

Article  12.  —  To  see  if  the  Town  vote  to  and  will 
revoke  its  acceptance  of  the  laws  providing  for  the  elec- 
tion of  Selectmen,  Assessors,  and  Overseers  of  the  Poor^ 
for  terms  of  three  years,  on  Petition  of  George  H.  Poor 
and  nineteen  others. 

Article  13.  — To  see  whether  the  Town  will  appropriate 
One  Thousand  Dollars  to  purchase  of  John  H.  Flint  the 
present  temporary  entrance  to  Carmel  Woods,  and  a  new 
entrance  from  Walnut  Avenue,  as  recommended  by  the 
Park  Commissioners. 


AND  ITS  MODIFICATIONS  1 83 

Article  14.  —  To  see  if  the  Town  will  appropriate 
Twelve  Hundred  Dollars  for  general  use  of  the  Park 
Commissioners  for  the  ensuing  year. 

Article  15.  —  To  see  whether  the  Town  will  authorize 
the  Park  Commissioners  to  sell  such  wood  as  may  be  cut 
in  Carmel  Woods,  and  apply  the  proceeds  in  extension 
of  work  therein. 

Article  16. — To  see  whether  the  Town  will  adopt 
Chapter  190  of  the  Acts  of  1896,  relating  to  Tree  War- 
dens, or  Chapter  254  of  the  Acts  of  1897,  relating  to  a 
Forester  to  have  charge  of  the  trees  in  the  highways,  on 
petition  Village  Improvement  Society. 

Article  17.  —  To  see  if  the  Town  will  authorize  the  issue 
of  Five  Thousand  Dollars  of  Water  Bonds  for  construction 
purposes,  on  petition  of  the  Water  Commissioners. 

Article  18.  —  To  see  if  the  Town  will  appropriate  a 
sum  of  money  for  care  of  the  Public  Dump,  on  petition 
of  Village  Improvement  Society. 

Article  19.  —  To  act  on  the  reports  of  Town  Officers. 

Article  20.  —  To  see  if  the  Town  will  accept  the  list 
of  names  of  Jurors  prepared  by  the  Selectmen. 

Article  21.  —  To  fix  the  pay  of  the  Firemen  for  ensu- 
ing year. 

Article  22.  —  To  determine  the  method  of  collecting 
the  taxes  the  ensuing  year. 

Article  23.  —  To  determine  the  disposition  of  unex- 
pended appropriations. 

Article  24.  —  To  hear  the  final  report  of  the  Commit- 
tee on  the  Celebration  of  the  250th  Anniversary  of  the 
Settlement  of  the  Town,  and  appropriate  a  sum  of  money 
as  recommended  therein. 

Article  25.  —  To  authorize  the  Treasurer  to  hire  money 


1 84  THE    TOWNSHIP 

for  the  use  of  the  Town  in  anticipation  of  Taxes,  upon 
the  approval  of  the  Selectmen. 

Article  26. — To  determine  the  amount  of  money  to 
be  raised  by  taxation  the  ensuing  year. 

Article  27.  —  To  transact  any  other  business  that  may 
legally  come  before  the  meeting. 

Given  under  our  hands  at  Andover  this  twenty-third 
day  of  February,  in  the  year  one  thousand  eight  hundred 
and  ninety-eight. 

Arthur  Bliss,  )  Selectmen 

Samuel  H.  Boutwell,  >-       of 
John  S.  Stark,  )  Andover. 


The  following  is  a  list  of  appropriations;  a  part  of 
these  are  the  amounts  recommended  by  several  of  the 
departments.  Those  marked  thus  *  are  the  amounts  of 
last  year. 

Schools $21,000.00 

School-houses 2,000.00 

School-books  and  Supplies 1,500.00 

♦Repairs  on  Highways  and  Bridges 3,000.00 

♦Macadamized  Roads 4,000.00 

♦Sidewalks 1,500.00 

♦Removing  Snow 500.00 

Town  Officers 5,000.00 

Town  House 1,000.00 

Water- works,  Maintenance 4,200.00 

Sinking  Fund 875.00 

Fire  Department,  Running  Expenses       ....  2,500.00 

New  Apparatus,  Stable  Repairs 7,800.00 

Fire  Alarm,  Maintenance 300.00 

Horses  and  Drivers 3,000.00 


AND  ITS  MODIFICATIONS  1 8$ 

♦Street  Lighting $4,100.00 

Printing  and  Stationery 700.00 

Spring  Grove  Cemetery 200.00 

Memorial  Day 200.00 

State  Aid 1,600.00 

Military  Aid 300.00 

Expenses  of  Almshouse 4,000.00 

Relief  out  of  Almshouse 5,000.00 

Repairs  on  Almshouse 500.00 

State  Tax 5,000.00 

County  Tax 5,000.00 

Abatement  of  Taxes 300.00 

♦Interest  on  Notes,  Funds,  and  Bonds    ....  9,500.00 

Insurance 500.00 

Hay  Scales 50.00 

Miscellaneous 1,500.00 

Total $96,625.00 

Respectfully  submitted, 

Arthur  Buss,  \  Selectmen 

Samuel  H.  Boutwell,  >•       of 
John  S.  Stark,  )  Andover, 

Questions.  —  What  business  does  the  Andover  town-meet- 
ing transact  ?  How  does  this  compare  with  the  business  of  a 
California  county?  What  is  the  difference  in  method?  What 
sort  of  knowledge  and  experience  must  be  required  to  transact 
the  business  of  the  Andover  town -meeting?  What  would 
you  consider  the  chief  merits  of  the  town  system?  State 
conditions  under  which  these  advantages  would  be  lost. 
Make  a  further  study  of  New  England  town  by  getting 
accounts  from  people  who  have  lived  in  New  England  town, 
by  getting  newspaper  copies  of  town  documents  or  reports  of 
town-meetings,  or  from  the  published  town  reports.  Work 
out  the  following  outline : 


1 86  THE   TOWNSHIP 

The  New  England  Town 

(Briefly  describe  each  topic.) 

1.  Area. 

2.  Population. 

3.  Town-meeting  and  its  work. 

4.  Elected  officers  and  their  duties. 

5.  Scope  of  town  government. 

6.  Advantages  of  town  government. 

2.   The  California  School  District 

A  School  District  is  a  convenient  area  within  a  county 
organized  for  the  purpose  of  maintaining  a  pubHc  school. 
Districts  are  designated  by  names,  as  Alvarado,  Eureka, 
Hays,  Pleasanton,  Stony  Brook  Districts  of  Alameda 
County.  They  vary  in  size  and  form  according  to  the 
topography  of  the  region  and  the  density  of  population. 
In  localities  where  settlement  is  rapidly  thickening,  there 
is  a  strong  tendency  to  subdivide  districts  up  to  the  limit 
imposed  by  the  law.  In  portions  of  the  state  once  cov- 
ered by  Spanish  ranchos,  often  the  names  and  sometimes 
the  boundaries  of  these  ranchos  are  perpetuated  in  the 
school  districts.  A  list  of  the  districts  in  any  county  may 
always  be  found  in  the  office  of  the  County  Superintend- 
ent of  Schools  or  in  the  office  of  the  State  Superintendent 
of  Public  Instruction  at  Sacramento.  Maps  showing  the 
boundaries  of  school  districts  of  any  county  can  always 
be  found  in  the  office  of  the  County  Assessor  and  some- 
times in  the  office  of  the  Superintendent. 

The  organization  of  school  districts  is  uniform  through- 
out the  state,  in  accordance  with  provisions  of  the  Politi- 
cal Code. 


AND  ITS  MQDIFICATIONS  1 87 

The  portions  of  the  Political  Code  that  relate  to  the 
government  of  schools  are  gathered  together  in  a  small 
volume  entitled  "  School  Law  of  California,"  and  issued 
for  the  use  of  schools  from  the  office  of  the  Superin- 
tendent of  Public  Instruction.  The  organization  and 
government  of  school  districts  can  be  ascertained  from 
the  following  sections  of  the  School  Law :  —  Formation 
of  districts,  15 75-1583;  election  of  School  Trustees, 
1593-1602  ;  their  powers  and  duties,  1611-1624;  duties 
of  Clerks  of  school  districts,  1649-165 1;  general  rules 
for  schools  and  pupils,  166 2- 1687;  duties  of  teachers, 
1696-1704;  powers  and  duties  of  the  Superintendent  of 
Schools,  1 543-1 5 53 ;  and  of  the  County  Board  of  Edu- 
cation, 1 768-1 7 76,  1874  ;  provision  for  a  County  School 
Fund  from  county  taxation,  181 7-1 820;  district  taxes, 
1 830-1 839;  and  regulations  in  regard  to  State  School 
Funds  and  the  apportionment  of  school  moneys,  1857- 
1861.  Identity  of  the  school  district  with  the  self- 
governing  township  of  older  states  is  seen  in  the  method 
of  taxation  by  direct  vote  of  the  people  of  the  district 
and  by  the  occasional  use  of  the  public  meeting  for  dis- 
cussion. Such  meetings  are  called' for  the  purpose  of 
determining  or  changing  the  location  of  the  schoolhouse, 
for  consultation  in  regard  to  any  litigation  the  district 
may  be  engaged  in,  or  any  other  important  affairs  of  the 
district  (P.  C.  1617,  Twentieth). 

Questions.  —  What  is  a  school  district?  What  may  be 
its  area?  By  whom  is  it  created?  How  is  it  designated? 
What  general  rights  and  powers  does  it  possess  ?  What  are 
its  officers?  How  are  they  selected?  Who  are  eligible? 
Describe  the  election.  What  are  the  powers  and  duties  of 
trustees  ?    What  is  the  business  of  the  clerk  ?    What  are  the 


i88 


THE    TOWNSHIP 


powers  of  the  electors  in  the  district?  On  what  occasions 
and  in  what  way  may  they  be  brought  together  in  pubUc 
meeting?  What  are  the  duties  of  the  teacher?  What  are 
the  duties  of  the  pupils?  Where  does  the  money  come 
from  to  build  a  schoolhouse?  Trace  the  full  history  of  a 
tax  for  building  a  schoolhouse.  What  is  the  County  School 
Fund?  How  is  it  raised?  How  is  it  distributed?  What  is 
the  State  School  Fund?  How  is  it  distributed?  Why  does 
the  Assessor  need  to  know  the  boundaries  of  the  school  dis- 
tricts? How  is  a  teacher's  certificate  obtained?  Write  a  full 
history  of  the  formation  of  a  school  district,  its  organization, 
equipment  with  building,  furniture,  etc.,  and  the  employment 
of  a  teacher,  showing  the  action  of  every  officer  concerned. 
Complete  the  following  Topical  Review : 

The  California  School  District 

I.  Area. 

II.  Population. 

III.  General  powers. 

IV.  Outline  of  organization. 


Parts. 

Description, 

Powers  and  Duties. 

I.  Electors 

2.  Taxpayers 

3.    Trustees 

4.    Clerk 

5.    Superintendent 

6.    County    Board 

of 

Education 

7.    Teacher 

8.   Pupils 

AND  ITS  MODIFICATIONS  1 89 

3.  The  Township  in  California 

The  term  "Township  "  is  used  in  California  to  denote  : 
a.  The  unit  of  area  in  the  United  States  land  survey,  —  a 
square  of  thirty-six  square  miles ;  b.  a  subdivision  of  the 
county  established  by  the  Board  of  Supervisors  in  accord- 
ance with  the  County  Government  Law  (p.  153)  and 
serving  the  following  purposes  : 

1 .  The  area  for  the  assignment  of  election  officers,  and 
a  unit  for  the  collection  of  election  returns. 

2.  Very  generally  the  unit  in  the  assignment  of  repre- 
sentation in  the  conventions  of  political  parties.  This 
develops  some  unity  of  political  life  in  the  township. 

3.  Occasionally  the  township  is  the  same  as  a  super- 
visor district. 

4.  Sometimes  for  the  allotment  of  funds  in  road  im- 
provement. 

5.  Universally  as  the  basis  of  election  of  Justices  of 
the  Peace  and  Constables.  A  Justice's  Court  is  the  ele- 
mentary court  in  the  state  system.  (See  California  Const., 
Art.  VI,  sees,  i  and  2.)  The  Constitution  permits  the 
organization  of  township  governments  with  power  of 
taxation  and  management  of  local  affairs  (Art.  XI,  sec.  4)  ; 
but  so  far  (1898)  there  has  been  no  movement  in  this 
direction. 

Townships 

Townships  are  found  in  all  counties  except  San  Fran- 
cisco. Amador,  Alpine,  Contra  Costa,  Inyo,  Kern,  Las- 
sen, and  San  Mateo,  have  five  townships  each,  designated 
by  numbers.  Some  other  counties,  as  Santa  Barbara  and 
Placer,  have  eight  or  ten,  designated  in  the  same  way. 


I  go 


THE    TOWNSHIP 


In  the  majority  of  counties,  however,  townships  are  desig- 
nated by  names.  The  following  examples  illustrate  town- 
ship names,  and  show  their  variation  in  population  : 


Township                          P°P"89f°" 
Oakland 12,040 

(Exclusive  of  Oakland  City.) 

Eden 7,336 

Washington      ....     5,596 


Alameda  County 

Township  ^°P"J^^°" 

Murray    ......     5,937 

Brooklyn      .    .    '.    .     .     3,108 
Alameda Ii»i65 


Los  Angeles  County 

Township  ^^890'°°  Township 

Fairmount 721  Rowland 

Soledad 2,711  Los  Nietos  . 

San  Fernando  .     .     .     .     I, no  Downey  .     . 

Calabasas 440  Long  Beach 

Los  Angeles     ....     2,996  Wilmington 

(Exclusive  of  Los  Angeles  City.)  Compton 

Pasadena 7,222  Chautauqua 

El  Monte 2,557  San  Antonio 

San  Gabriel      .     .     .     .     1,713  Ballona    .     . 

South  Pasadena    .     .     .        623  Cahuenga     . 

Azusa 1,851  Santa  Monica 

San  Jose 5,oio 


Population 
Z890 

736 
1,926 
3,538 
1,051 
2,360 
2,013 

668 
3,269 
4,492 
1,725 
2»327 


Marin  County 


Township  ^"^^"^ 

San  Rafael 3,718 

(Exclusive  of  San  Rafael  City.) 

Sausalito 2,403 

Bolinas  ) 

v 904 

Nicasio  J 


Township 
Novate    .     . 
Punta  Reyes 
Tomales 
San  Antonio 


Population 

1890 

•       554 
.    1,866 

.       337 


AND  ITS  MODIFICATIONS 


191 


Sacramento  County 


Township  ^TJ^'^^'* 

Sutter 2,096 

Granite 1,970      American 

Lee 540      Center     . 

Cosumnes 359       Natoma  . 

Michigan  Bar  ....  85 

Alabama 414 

Dry  Creek 963 

Franklin 1,885 


Township 
San  Joaquin 


Mississippi 
Georgiana 
Brighton 


Population 
1890 

1,383 
642 

389 

318 

316 

i»3" 

1,282 


History  of  California  Township 
References 

As  the  California  township  is  merely  a  subdivision  of  the 
county  used  chiefly  for  judicial  organization,  its  history 
must  be  found  in  the  subject  of  county  history,  No.  V. 
The  offices  of  Justice  of  the  Peace  and  Constable  can  be 
studied  as  particular  topics  in  themselves,  for  which  see 
the  following : 

Howard.     Local  constitutional  history,  Index. 

Smith,  P.  V.     English  institutions,  ch.  iii. 

Medley.     English  constitutional  history.     Index. 


Organization  of  the  Judicial  Township 

The  Officers  of  a  township  are  two^  Justices  of  the 
Peace,  two  Constables,  and  such  inferior  and  subordi- 
nate officers  as  may  be  provided  by  law. 

1  Townships  containing  cities  that  elect  a  City  Justice  have  but  one 
Township  Justice,  and  in  townships  having  a  population  of  less  than 
three  thousand,  the  Supervisors  may  allow  but  one  Justice  and  one 
Constable  (58). 


192     THE   TOWNSHIP  AND  ITS  MODIFICATIONS 

Elections  take  place  at  the  same  time  and  in  the  same 
manner  as  for  county  officers  (58).  Any  elector  of  the 
township  is  eligible  for  election  (54)  (P.  C.  4102).  A 
Justice's  Court  may  be  held  at  any  place  within  the  town- 
ship, and  must  be  always  open  for  the  transaction  of 
business. 

Powers  and  Duties 

Justices^  Courts  have  civil  Jurisdiction  in  actions  for 
the  recovery  of  money ;  for  damages  for  injury ;  to  re- 
cover possession  of  personal  property ;  for  a  fine,  penalty, 
or  forfeiture,  etc.,  provided  the  sum  claimed,  exclusive 
of  interest,  does  not  amount  to  three  hundred  dollars. 
They  have  criminal  jurisdiction  of  the  following  public 
offences  committed  within  their  respective  counties  :  petit 
larceny  ;  assault  or  battery ;  breaches  of  the  peace,  riots, 
routs,  affrays,  committing  a  wrongful  injury  to  property ; 
and  all  misdemeanors  punishable  by  fine  not  exceeding 
five  hundred  dollars,  or  imprisonment  not  exceeding  six 
months,  or  both  (Code  of  Civil  Procedure,  103-115). 
Justices  of  the  Peace  are  also  magistrates^  having  author- 
ity to  issue  warrants  of  arrest ;  to  examine  the  defendant 
when  brought  before  him  ;  and  if  due  cause  be  found,  to 
order  the  accused  to  be  held  to  answer  to  the  offence 
charged,  and  committed  to  the  Sheriff  of  the  county 
(Penal  Code,  806-883). 

Constables  must  attend  the  courts  of  Justices  within 
their  township  ;  and  within  their  counties,  execute,  serve, 
and  return  all  process  and  notices  delivered  to  them  (153) 
(P.  C.  43 14) .  They  are  governed  further  by  the  law  regu- 
lating the  duties  of  Sheriffs. 

Compensation  of  Justices  and  Constables  is  sometimes 


MUmCIPALITIES  193 

by  salary,  but  more  frequently  by  fees.    Both  salaries  and 
fees  are  regulated  in  the  County  Government  Law. 

Questions. — What  difference  in  names  of  townships  is 
noticed  between  Sacramento  and  Los  Angeles  counties?  Is 
there  any  equality  of  population  among  the  townships  ?  Find 
a  map  of  California  showing  the  surveyor's  townships.  Have 
these  any  political  significance?  If  possible,  find  a  map  of 
some  county  showing  the  judicial  townships.  How  are  their 
lines  determined?  Write  a  full  discussion  of  the  township  in 
California,  comparing  with  New  England,  and  pointing  out  the 
necessary  distinctions.  Suppose  that  on  a  trip  in  the  country 
your  bicycle  is  stolen,  describe  the  proper  steps  to  be  taken 
in  its  recover}',  and  detail  the  legal  proceedings  in  the  arrest 
and  punishment  of  the  offender.  From  observation,  or  from 
newspaper  reports,  illustrate  the  functions  of  the  justice  of 
the  peace.  (Remember  that  in  cities  the  criminal  jurisdiction 
detailed  above  is  generally  turned  over  to  a  police  court.) 


CHAPTER  XIX 
MUNICIPALITIES 


1.   General  Form  of  City  Govemment 

Bryce,  Chapter  XLIX.  The  Govemment  of  Cities. 
Topics.  —  Rapid  growth  of  cities.  General  form  of  gov- 
ernment. Resemblance  to  state  government.  Office  of 
mayor.  Administrative  departments.  Education.  Mu- 
nicipal legislation.  Courts.  Elections.  Partisanship. 
Nature  of  municipal  functions.     Municipal  taxation. 

Supplementary  Questions.  —  i.  Answer  the  following  for 
any  city  that  you  are  acquainted  with :  Is  the  city  legislature 


194  MUNICIPALITIES 

made  up  of  two  chambers?  Do  two  chambers  give  better 
city  government  than  one?  Does  the  mayor  have  a  veto? 
Does  he  appoint  administrative  officers?  Are  the  members 
of  the  city  council  elected  by  wards  ?  Are  the  wards  of  impor- 
tance in  the  affairs  of  the  city  ?  Are  the  elections  contested 
on  national  party  lines  ?  What  are  the  ordinary  rates  of  city 
taxes  ?  What  other  revenues  has  the  city  ?  Are  the  revenues 
sufficient  for  the  city's  needs?  2.  What  changes  or  improve- 
ments in  city  government  have  you  heard  discussed?  Do 
these  topics  receive  much  general  attention?  3.  Does  good 
city  government  depend  upon  the  form  of  the  government  or 
upon  the  character  and  spirit  of  the  citizens  ? 

Bryce,  Chapter  L.  The  Working  of  City  Govern- 
ments. Topics. — Tests  of  efficiency  of  city  govern- 
ment. Costliness  of  city  government  in  the  United 
States.  City  government  a  conspicuous  failure.  Sug- 
gestions of  the  New  York  commission  of  1876  as  to 
causes  of  failure  and  remedies  proposed.  Some  signs 
of  recent  improvement. 

Supplementary  Questions.  —  i.  Answer  for  some  city  with 
which  you  are  acquainted :  Do  the  evils  pointed  out  in  the 
chapter  exist?  If  not,  how  are  they  avoided?  If  so,  can 
they  be  traced  to  the  causes  suggested  by  the  New  York  com- 
mission? Can  other  causes  be  discovered  ?  2.  Take  up  each 
point  suggested  as  a  remedy  and  discuss  its  value.  Of  all 
these  points,  which  seem  to  you  the  most  important  for  good 
city  government?  What  character  and  what  spirit  in  the  citi- 
zens are  the  foundation  of  good  city  government  ?  Can  you 
help  toward  securing  these  ? 

Chapter  LI.  By  Hon.  Seth  Low.  An  American  View 
of  Municipal  Government  in  the  United  States.  Topics. 
— Essential  difference  between  American  and  European 


MUNICIPALITIES  1 95 

politics.  Influences  of  European  immigrants  upon 
American  cities.  Difficult  material  problems.  Lack  of 
foresight.  Mistakes  in  the  form  of  city  charters.  Im- 
provements made  in  the  charter  of  Brooklyn  of  1882. 
Influence  of  Brooklyn's  example.  The  most  serious 
problem  concerns  the  legislative  branch.  Reasons  for 
hopefulness  for  future  improvement. 

Supplementary  Questions.  —  i.  What  new  points  in  regard 
to  the  faults  of  city  government  are  brought  out  in  this  chap- 
ter? 2.  What  influence  has  the  Brooklyn  charter  had  upon 
other  cities?  3.  How  has  the  government  of  Brooklyn  been 
changed  since  1888?  (See  charter  of  Greater  New  York, 
1897.)  Was  this  change  a  step  forward  in  municipal  im- 
provement? 

2.  The  History  of  Municipal  Government 

REFERENCES 

Bibliography 

San  Francisco  Free  Pubhc  Library  Bulletin,  II :  61 
(Aug.,  1896). 

Gross.  Bibliography  of  British  municipal  history, 
Harvard  Historical  Studies,  vol.  V. 

Brooks.  Bibliography  of  municipal  administration, 
Municipal  Affairs y  I :  No.  i  (Mar.,  1897),  Reform  Club, 
N.  Y. 

Hodder.  Brief  bibHography  of  municipal  government 
in  the  United  States,  Kansas  University  Quarterly. 

In  Europe 

Stubbs.     Constitutional  history.  III :  602-643. 
Chalmers.     Local  government,  ch.  v. 


196  MUNICIPALITIES 

Shaw.     Municipal  government  in  Great  Britain. 
Shaw.     Municipal  government  in  Continental  Europe. 
Porritt.     The  Englishman  at  home,  ch.  i. 

See  also  histories  of  particular  cities  in  Historic  Towns  Series. 

In  the  United  States 

Conkling.     City  government  in  the  United  States. 

Goodnow.     Municipal  problems. 

Proceedings  National  Conference  for  good  city  govern- 
ment.    PubHshed  annually  from  1894. 

Quincy.     Municipal  history  of  Boston,  chs.  iv,  v. 

Winsor.     Memorial  history  of  Boston,  vol.  III. 

Hart.     Practical  essays,  ch.  viii. 

Moffett.     Suggestions  on  government,  ch.  vii. 

Goodnow.     Municipal  home  rule. 

Bancroft.  California,  I :  chs.  xvii,  xviii  (cities  in  early 
Cahfornia) . 

Sparling.  Municipal  history  of  Chicago,  Bulletin  of 
University  of  Wisconsin,  No.  23. 

Durand.     Finances  of  New  York  city. 

See  also  histories  of  particular  cities  in  Johns  Hopkins  Univer- 
sity Studies. 

3.   City  Government  in  California 

Before  1880,  cities  in  California  were  incorporated  by 
special  act  of  the  legislature.  Sometimes  the  name  of 
town  was  used  for  the  smaller  places,  but  without  any 
difference  in  character.  A  few  of  these  special  charters 
are  still  in  force  (1898).  The  Constitution  of  1879  re- 
quired the  legislature  to  provide  for  the  incorporation  of, 
cities  by  general  laws.     The  legislature  in  1883  passed  a 


MUNICIPALITIES  1 97 

general  Municipal  Corporation  Act  (Statutes  of  1883), 
providing  charters  for  cities  of  six  classes,  distinguished 
according  to  population  as  follows  :  ^ 


CLASS. 

POPULATION. 

Sixth    .     . 

.     Between 

500 

and 

3,000 

Fifth    .     . 

u 

3,000 

u 

10,000 

Fourth 

a 

10,000 

u 

15,000 

Third  .     . 

it 

15,000 

a 

30,000 

Second     . 

a 

30,000 

a 

100,000 

First    .     . 

Over 

100,000 

But  any  city  of  over  3500  inhabitants  may  frame  a 
charter  for  itself  as  provided  for  in  the  State  Constitu- 
tion, Art.  XI,  sec.  8.  The  following  cities  have  pro- 
vided themselves  with  charters  in  this  way,  copies  of 
which  may  be  found  in  the  volumes  of  CaUfornia  Statutes 
for  the  years  given:  Berkeley,  1895,  p.  409;  Eureka, 
1895,  P-  355  }  Grass  Valley,  1893,  p.  628;  Los  Angeles, 
1889,  p.  455  ;  Napa,  1893,  p.  641 ;  Oakland,  1889, 
p.  513  (amendments,  1895,  p.  353)  ;  Sacramento,  1893, 
p.  545  ;  San  Diego,  1889,  p.  643 ;  San  Francisco,  1899, 
p.  241  ;  San  Jos6,  1897,  p.  592  ;  Santa  Barbara,  1899,  p. 
448;  Stockton,  1889,  p.  577;  Vallejo,  1899,  p.  370. 

Up  to  1895  there  were  eight  corporations  under  the 
general  law  of  1883  as  cities  of  the  fifth  class,  e.g.  Ala- 
meda, Fresno ;  and  sixty-five  incorporations  as  cities  of 
the  sixth  class,  e.g.  Benicia,  Pasadena.  For  full  list  see 
State  Blue  Book  for  1893  or  1895. 

Questions  and  Suggestions.  —  Obtain  a  copy  of  the  charter 
of  some  city  of  California,  preferably  one  in  which  you  have 
lived.  Get  together  any  other  material  giving  information  in 
regard  to  it,  —  such  as  maps,  census  reports,  description  of 
industries  and  trade,  schools,  etc.     Supplement  this  informa- 

1  By  Act  of  Legislature  of  March  5,  1901,  a  new  class  was  created, 
called  the  i|  class,  including  cities  between  100,000  and  200,000;  cities 
of  over  200,000  being  in  the  first  class. 


198 


MUNICIPALITIES 


tion  by  inquiry  among  people  acquainted  with  the  affairs  of 
the  city.  From  these  sources  work  out  a  report  according  to 
the  following  topics : 


Report  upon  the  City  of 


1 .  Location. 

2.  Area  (exact  or  (  Legal  area  within  city  limits. 

approximate)  (  Area  covered  with  improvements. 

3.  Population  by  last  census. 

4.  Leading  industries  or  lines  of  business. 

5.  Points  in  the  history  of  the  city  (as  first  settlement,  first 
incorporation,  etc.). 

6.  Outline  of  organization  as  shown  by  present  charter. 


Officers 


Description 


Powers  and  Duties 


I.   Mayor  or  Chief 

Executive 
II.   Other  Adminis- 
trative Officers 
Auditor 
Clerk 
Treasurer 
etal. 

III.  Administrative 

Boards  or  Com- 
missions 

Police 

Fire 
etc. 

IV.  The  Council  or 

Legislative 
Body 
V.  Board  of  Edu- 
cation 


MUNICIPALITIES  1 99 

7.   General  condition  of  the  city. 

If  these  reports  can  be  made  out  upon  a  considerable  num- 
ber of  cities  by  different  members  of  the  class,  comparison 
may  then  be  made  to  determine,  if  possible,  a  general  type. 
Compare  these  results  with  the  description  of  American  cities 
in  Bryce,  Chapter  XLIX.  By  the  use  of  the  references  under 
section  i,  similar  reports  can  be  made  upon  Eastern  or  foreign 
cities,  giving  further  opportunities  for  comparison. 

Are  California  cities  satisfied  with  their  charters  ?  What 
evidence  is  there  of  a  desire  to  change  them  frequently  either 
by  amendment  or  by  revision  ?  Is  this  evidence  found  in  the 
larger  or  the  smaller  cities  ?  What  is  the  reputation  of  city 
government  in  California,  —  in  the  cities  themselves  ;  among 
people  on  the  outside  ?  What  is  being  done  to  improve  city 
government  ?  What  are  the  chief  difficulties  to  be  overcome  ? 
What  can  you  do  toward  improvement  ? 

4.  The  Government  of  San  Francisco 

San  Francisco  is  the  metropolis  of  the  state  by  reason 
of -its  largest  population,  its  greatest  wealth  in  mercantile 
and  banking  business,  and  by  reason  also  of  its  being  the 
general  centre  for  distribution  of  merchandise  brought 
by  sea.  It  occupies  a  unique  position  in  the  institutions 
of  the  state,  being  a  consolidated  city  and  county.  Its 
individual  interests  are  preeminently  municipal ;  but  the 
usual  county  affairs  of  taxation,  the  judiciary,  etc.,  require 
the  ordinary  machinery  of  county  government.  Thus  its 
manifold  and  complicated  interests  would  naturally  require 
a  complex  organization  of  government.  But  this  natural 
complexity  was  carried  to  the  point  of  confusion  through 
variety  of  legislation  and  judicial  interpretation.  San 
Francisco  received  municipal  incorporation  by  Act  of 
Legislature,  approved  April  15,  1850.     This  law  was  re- 


2CX)  MUNICIPALITIES 

pealed  and  the  city  re-incorporated  by  Act  of  Legis- 
lature, approved  April  15,  185 1.  This  charter  was 
amended  in  1855,  but  wholly  superseded  and  the  com- 
bined city  and  county  government  estabUshed  by  Act  of 
Legislature,  approved  April  19,  1856,  and  known  as  the 
"Consolidation  Act."  Amendments  were  piled  upon 
the  consolidation  act  by  subsequent  legislatures  until  the 
adoption  of  the  present  state  constitution,  in  1879,  cut  off 
all  such  special  enactments.  After  1880  many  changes 
were  made  in  the  government  of  San  Francisco  by 
general  laws  of  the  state  and  also  by  laws  general  in  form 
(for  cities  of  over  a  hundred  thousand  inhabitants),  but 
intended  to  apply  to  San  Francisco  alone.  Perplexing 
conflicts  arose  from  this  legislation,  producing  litigation, 
the  general  effect  of  which  was  to  increase  rather  than  to 
diminish  doubt  and  confusion.  In  the  meantime  repeated 
efforts  were  made  to  replace  the  outgrown  consoUdation 
act,  and  to  rescue  the  municipality  from  its  administra- 
tive confusion  by  means  of  a  charter.  These  efforts  were 
ineffectual  until  1898,  when  finally  a  charter  was  adopted 
by  the  electors  of  the  city,  and  subsequently  approved  by 
the  legislature.    The  record  is  as  follows  : 

Through  the  Legislature 

1873.  Charter  prepared  by  John  F.  Swift  for  the  executive  com- 
mittee of  the  Taxpayers'  Union.     Merely  advisory. 

1880.  Act  of  the  legislature  entitled,  "An  Act  to  provide  for  the 
organization,  incorporation  and  government  of  merged 
and  consolidated  cities  and  counties  of  more  than  one 
hundred  thousand  population."  Approved  April  24, 1880. 
Declared  unconstitutional  by  the  State  supreme  court  in 
the  case  of  Desmond  v.  Dunn,  California  Reports,  vol.  55, 
p.  242. 


MUNICIPALITIES  201 

By  Boards  of  Freeholders 

1880.  Board  elected,  March  30,  1880.  J.  P.  Hoge,  president.  Pro- 
posed charter  signed,  June  28,  1880.  Submitted  to  the 
electors,  Sept.  8,  1880.  Defeated  by  vote  of  4,145  For  to 
19,207  Against. 

1 882-1 883.  Board  elected,  Nov.  7,  1882.  John  S.  Hager,  presi- 
dent. Proposed  charter  signed,  Jan.  9,  1883.  Submitted 
to  the  electors,  March  3,  1883.  Defeated  by  vote  of  9,336 
For  to  9,368  Against. 

1 886-1 887.  Board  elected,  Nov.  2,  1886.  Ralph  C.  Harrison, 
president.  Proposed  charter  signed,  Jan.  31,  1887.  Sub- 
mitted to  the  electors,  April  12,  1887.  Defeated  by  vote 
of  10,790  For  to  14,841  Against. 

1894-1896.  Board  elected,  Nov.  6,  1894.  Joseph  Britton,  presi- 
dent. Proposed  charter  signed,  P'eb.  4,  1895.  Submitted 
to  the  electors,  Nov.  3,  1896.  Defeated  by  vote  of  14,218 
For  to  15,619  Against. 

1897,  J^V  ^7-  "  Committee  of  One  Hundred  "  appointed  by  Mayor 
James  D.  Phelan  to  frame  a  charter  for  the  advice  of  the 
next  board  of  freeholders. 

1897-1899.  Board  elected,  Dec.  27,  1897.  Joseph  Britton,  presi- 
dent. Proposed  charter  signed,  March  25,  1898.  Sub- 
mitted to  the  electors.  May  26,  1898.  Adopted  by  vote 
of  14,386  For  to  12,025  Against.  Approved  by  the  legis- 
lature, Jan.  19,  1899.     In  effect  as  a  whole,  Jan.  i,  1900. 

Questions.  —  Was  San  Francisco  persevering  in  the  at- 
tempt to  get  a  charter  ?  Were  the  voters  very  much  inter- 
ested ?  (Compare  the  total  vote  on  a  charter  vi^ith  the  number 
of  registered  voters  at  the  time,  or  with  the  vote  cast  in  the 
city  for  governor  or  mayor  at  the  same  election.)  If  you  can 
consult  a  copy  of  one  of  the  defeated  charters,  compare  it 
with  the  charter  of  1 898-1 899.  Is  the  last  charter  the  best  ? 
What  bearing  has  this  experience  of  San  Francisco  upon  the 
question,  —  can  a  large  city  be  expected  to  act  wisely  in  the 
organization  of  its  own  government  ? 


202  MUNICIPALITIES 

Study  of  the  Charter  of  i  898-1 899 

The  charter  was  published  for  20  days  following 
March  25,  1898,  in  the  San  Francisco  Call  and  in  the 
Daily  Report  It  was  also  published  in  pamphlet  form, 
and  a  limited  number  of  copies  distributed  through  the 
courtesy  of  the  Merchants'  Association. 

A  careful  edition  with  an  introduction  and  annotations 
by  Edward  F.  Treadwell  is  published  by  the  Bancroft- 
Whitney  Co.,  San  Francisco.  The  charter  may  also  be 
found  in  California  Statutes,  1899,  p.  241. 

Questions.  —  Having  obtained  a  copy  of  the  charter  answer 
the  following :  Is  the  city  divided  into  wards  ?  What  use  of 
the  referendum  is  provided  for  ?  How  may  the  electors 
initiate  amendments  to  the  charter  ?  Watch  the  records 
carefully  to  see  if  these  provisions  are  brought  into  use. 
What  are  the  provisions  in  regard  to  contracts  ?  the  annual 
budget  ?  the  custody  of  public  moneys  ?  What  do  these 
provisions  indicate  in  regard  to  the  previous  experience  of  the 
city  ?  Is  the  power  of  appointments  centralized  in  the  mayor? 
What  provision  is  made  for  the  city's  ownership  of  water 
works,  gas  works,  etc.  ?  Are  the  principles  of  the  merit  sys- 
tem recognized  in  the  civil  service  of  the  city  ? 

Using  the  form  given  above  on  page  198  make  a  com- 
plete outline  of  the  organization  of  San  Francisco.  For 
questions  of  history  consult  the  books  given  below. 

References  on  the  History  of  San  Francisco 

San  Francisco  Free  Public  Library  Bulletin,  II :  64 
(Aug.,  1896),  III:  46-48,  58-60  (May,  June,  1897). 
Bancroft,  H.  H.    California.     7  vols.    Index,  vol.  VII. 
Dwindle.     Colonial  History  of  San  Francisco. 


MUNICIPALITIES  203 

Royce.     California,  ch.  v  (to  1856). 

Hittell,  T.  H.     California.     4  vols.     Index,  vol.  IV. 

Hittell,  J.  S.     San  Francisco. 

Moses.  Establishment  of  municipal  government  in 
San  Francisco.  (In  Johns  Hopkins  University  Studies, 
VII :  Nos.  ii,  iii.) 

Treadwell.  Charter  of  San  Francisco,  1899.  Intro- 
duction. 

Freud.  Municipal  affairs  in  San  Francisco.  (In  Pro- 
ceedings Louisville  Conference  for  Good  City  Govern- 
ment, 1897 ;  249-255.) 

See  also  references  on  the  history  of  California,  page  108,  above. 


PART  V 

HISTORY  AND   POLITICS 

The  work  of  this  division  is  associated  with  Part  III  of 
Bryce,  abridged  edition,  or  with  Volume  II  of  the  two- 
volume  edition.  Pupils  will  be  interested  in  reading  the 
entire  second  volume  of  the  unabridged  edition.  Mr. 
Bryce 's  discussions  touch  the  realities  of  American  life  at 
all  points  and  will  afford  many  opportunities  to  connect 
the  school  work  with  actual  observation  and  experience. 
The  following  chapters  offer  a  few  suggestive  questions 
and  lists  of  references  for  historical  study. 


CHAPTER  XX 

HISTORY  OF  POLITICAL  PARTIES 

1.  Bryce,  Chapter  LII.    Political  Parties  and  their  His- 
tory 

Questions.  —  What  parties  have  a  national  organization  at 
the  present  time  ?  (See  Political  Almanacs.)  Describe  the 
method  of  organization,  tracing  to  the  foundation  in  local  com- 
mittees or  conventions.  What  principles  does  each  party 
stand  for  ?  (See  Party  Platform,  last  published.)  What 
parties  of  the  present  time  are  to  be  identified  with  those 
existing  before  1876  ?  Do  these  stand  for  the  same  principles 
now  as  then  ?    Ascertain  all  that  you  can  of  relative  party 

204 


HISTORY  OF  POLITICAL  PARTIES  20$ 

strength  in  the  whole  nation,  and  in  particular  regions,  by 
examining  the  returns  published  for  the  last  congressional  or 
presidential  election.  (See  Political  Almanacs.)  Is  party 
spirit  on  the  increase  or  not  ?  Ought  new  parties  to  be 
formed  ?  How  can  new  parties  be  formed  ?  Which  is 
wiser  for  a  reformer,  to  work  within  an  old  party  or  to  form 
a  new  one  ? 

2.  References  on  the  History  of  Political  Parties 

(Together  with  some  of  the  great  questions  that  have  divided  them.) 

To  be  used  by  pupils  for  individual  work, — written 
abstracts  and  reports,  and  oral  recitation  and  discussion. 
As  the  study  of  the  Webster-Hayne  debate  is  common 
in  high  schools,  references  are  given  upon  the  topics 
therein  discussed. 

I.  Political  Parties  to  1830 

Survey  of  the  origin  of  parties  in  national  affairs  and 
of  the  development  of  party  doctrines  ;  the  record  of  the 
control  of  the  federal  government  under  varying  leaders, 
with  the  gradual  acceptance  of  party  designations. 

Bibliography 

Winsor.     America,  VII :  ch.  v,  end. 
Channing  and  Hart.     Guide,  §§  i6o,  163,  165-167, 
169,  173,  176-177,  179- 

General  Works  for  the  Period 

Winsor.     America,  VII :  ch.  v. 

Lalor.  Cyclopedia.  Articles  on  Alien  and  sedition 
laws ;  Anti-federal  party ;  Caucus  system ;  Compromise ; 
Convention,  the  Hartford ;  Democratic-Republican  party ; 


206  HISTORY  OF  POLITICAL  PARTIES 

Federal  party ;  Kentucky  and  Virginia  resolutions ;  Party 
government  in  United  States. 

Schouler.     United  States,  I  (i  789-1801);  II  (1801- 
1817)  ;  III  (1817-1831).     Index,  vol.  V.     Parties, 

McMaster.     People  of  the  United  States,  II-IV.     In- 
dex to  each  vol.     Federalists^  Republicans. 

Hildreth.     United  States,  IV-VI  (i 789-1821).     In- 
dex,  vol.  VI.     Federalist,  Republican,  Anti- Federalist, 

von  Hoist.     Constitutional  history,  I :  chs.  iii-xi. 

Adams.     United  States,  I  (1801-1803)  :  chs.  vii-xi 
II  (1803-1805)  :  chs.  v-x;  III  (1805-1807)  :  chs.  vi- 
viii,  XV ;   IV  (i 807-1 809)  :  chs.  vii-xii,  xix;  V  (i8o( 
181 1 )  :  chs.  viii-x;   VI  (1811-1813)  :  chs.  vi-viii,  xixj 
xxj   VIII   (1814-1815)  :  chs.  i,  xi;    IX  (1815-1817)^ 
chs.  iv-vi.     See  also  General  Index,  vol.  IX.    Parties, 

Stanwood.     Presidential  elections,  chs.  i-xi. 

Young.     American  statesman,  chs.  v-xxix. 

Johnston.     American  politics.     Index.    Parties, 

Brooks.     Short  studies  in  party  politics,  ch.  i. 

Patton.     PoUtical  parties,  sees.  i-ix. 

Hart.     Formation  of  the  union.     Index. 

Walker.     Making  of  the  nation.  "  Index. 

Morris.     Half  hours  with  American  history,  II :  286-^ 
316. 

Hewes.     History  of  political  parties.     Chautauquan, 
XIV:  24-29. 

Boyd.     Political  history,  271-350. 

Houghton.     American  politics,  chs.  iv-x. 

Patten.     American  people,  II :  692-726. 

Partridge.     Making  of  the  American  nation,  ch.  ii. 

Tileston.     Handbook  of  administrations. 

Ormsby.     Whig  party,  chs.  iv-xvii. 


HISTORY  OF  POLITICAL  PARTIES  20/ 

Van  Buren.     Political  parties  in  the  United  States. 
Sargent.     Public  men  and  events,  I ;  chs.  i,  ii. 
Ramsay.     United  States,  III :  chs.  xxxii,  etc. 

Biographies  Containing  Portions  of  Party  History 

(Many  in  the  American  Statesmen  Series.) 

Morse f  John  Adams,  chs.  x,  xi.  Wells ^  Samuel  Adams, 
III :  294-361.  Morse y  John  Quincy  Adams,  chs.  i,  ii. 
Quincy^  Life  of  J.  Q.  Adams,  chs.  ii,  v-vii.  Partoriy  Life 
and  times  of  Aaron  Burr,  2  vols.  Lodge,  Life  and  letters 
of  George  Cabot,  chs.  iii-xiii.  von  Hoist,  John  C.  Cal- 
houn, chs.  ii,  iii.  Stevens,  Albert  Gallatin.  Adams, 
Albert  Gallatin,  bks.  ii-iv.  Austin,  Elbridge  Gerry,  II : 
chs.  iv-xi.  Morse,  Thomas  Jefferson,  chs.  viii-xviii. 
Parton,  Thomas  Jefferson,  chs.  xli-lxvi.  Lodge,  Alexan- 
der Hamilton,  chs.  v-ix.  Gay,  James  Madison,  chs.  xii- 
xix.  Rives,  Life  and  times  of  Madison,  III.  Adams, 
Madison  and  Monroe.  Gilman,  James  Monroe.  Roose- 
velt, Gouverneur  Morris,  chs.  xii,  xiii.  Quincy,  Life  of 
Quincy,  chs.  iv-xvi.  Adams,  John  Randolph.  Garland, 
John  Randolph,  I :  chs.  xvi-xxxvii ;  II :  chs.  vi-xxx. 
Shepard,  Martin  Van  Buren,  chs.  i-v.  Crockett,  Martin 
Van  Buren.  Lodge,  George  Washington,  II :  chs.  i-v. 
Everett,  Washington,  chs.  viii,  ix.  Marshall,  Washington, 
II :  chs.  v-xi.  Lodge,  Daniel  Webster,  chs.  ii-vi.  Cur- 
tis, Daniel  Webster,  I :  chs.  v-xiv. 

Particular  Topics 

Hamilton.  United  States,  IV :  chs.  Ixxi,  Ixxii  (first 
administration)  ;  V  :  passim  (Hamilton- Jefferson  contro- 
versy) ;  VI :  passim  (foreign  complications) . 


208  HISTORY  OF  POLITICAL  P4RTIES 

Dwight.     Hartford  convention. 
Lawton.     American  caucus  system. 
McMillan.     Elective   franchise   in  the  United  States 
(effects  of  caucus  system). 
McMaster.     With  the  fathers,  71,  etc.  (early  politics). 
See  also  special  subjects  to  follow,  as  Tariff,  Bank,  etc. 

Contemporary  Writers 

Maclay,  Sketches  of  debate  in  first  Senate.  Maclay, 
Journal  (i  789-1 791).  Jefferson,  Writings,  collected  and 
edited  by  P.  L.  Ford,  vols.  V,  etc.  Adams ,  /.,  Works. 
Index,  vol.  X.  WashingtoUy  Writings ;  ed.  by  W.  C. 
Ford,  vols.  XI-XIV.  Index.  Madison,  Writings,  4  vols. 
Index.  Johnston,  ed.,  Representative  American  orations, 
3  vols.  Adams,  J.  Q.,  Memoirs,  vols.  I-VIII.  Index, 
vol.  XII.  Adams,  H.,  ed..  Documents  relating  to  New 
England  federalism  (i 800-1 81 5).  Colion,  ed.,  Life,  cor- 
respondence, and  speeches  of  Henry  Clay,  vol.  I.  Poorer 
Perley's  reminiscences,  vol.  I. 

II.   Interpretation  of  the  Constitution 

a.  Theories  of  the  Constitution 

(Channing  and  Hart.    Guide.    \  156.) 

General 

von  Hoist.     Constitutional  history,  1 :  47-63. 
Cooley.     Constitutional  Umitations,  ch.  ii. 
Cooley.     Principles  of  constitutional  law. 
Bancroft.     History  of  the  constitution,  II :  321-335. 
Burgess.     Political  science,  1 :  98-108,  142-154. 
Hart.     Formation  of  the  Union,  133-135. 
Crane  and  Moses.     Politics,  ch.  xi. 


HISTORY  OF  POLITICAL  PARTIES  209 

Draper.     Civil  War,  I :  ch.  xv. 

Loring.     Nullification,  etc.,  chs.  ii,  iii. 

Johnston.  Representative  American  orations,  I : 
speeches  of  John  Nicholas,  February  25,  1799,  and 
Josiah  Quincy,  January  14,  181 1. 

Lalor.     Cyclopedia,  III :  788-802. 

See  also  below,  —  Webster- Hayne  Debate. 

League  and  Compact  Theory 
Stephens.     War  between  the  states,  1 :  11 6-1 20,  477- 

485. 

Davis.  Rise  and  fall  of  confederate  government,  I : 
134-140. 

Pollard.     Lost  cause,  38-41. 

Republic  of  republics,  59-69,  561-571. 

Story.  Commentaries  on  the  constitution,  sees.  306- 
309,  321-330,  349-372. 

Arguments  against  the  Theory 

Cooley.     Principles  of  constitutional  law,  25-26. 
Wilson.     Debates  in  convention  of  Pennsylvania.     In 
Elliot's  Debates,  II :  494-499.  • 
Webster.     Works,  III :  448-505. 
Webster  in  Benton's  Abridgment,  XII :  1 01-104. 

Instrument  of  Government  Theory 

Stephens.     War  between  the  states,  1 :   17-21. 

Draper.     Civil  war,  1 :  285-286. 

Kent.     Commentaries,  I ;  207. 

Story.     Commentaries,  sees.  339,  340,  372. 

von  Hoist.     Constitutional  law,  43-44,  49-66. 


210  HISTORY  OF  POLITICAL  PARTIES 


State  Sovereignty  Theory 

Lalor.     Cyclopedia,  III :   788-800. 
Stephens.     War  between  the  states,  1 :  1 16-147,  465- 
496. 

von  Hoist.     Constitutional  law,  39-47. 
Davis.     Confederate  government,  1 :   141-156. 
Hurd.    Theory  of  our  national  existence,  116-141. 

National  Sovereignty  Theory 

Lalor.     Cyclopedia,  III :  788-800. 

Webster,  in  Eliot's  Debates,  IV  :  509-516. 

Jameson.  National  sovereignty.  In  Political  Science 
Quarterly,  V :   193. 

Hitchcock.  Constitutional  development  as  influenced 
by  Chief  Justice  Marshall.  University  of  Michigan  Polit- 
ical Science  Lectures,  1889. 

Story.     Commentaries,  sees.  350-363,  380-383. 

Arguments  against  the  Theory 

Calhoun.     Works,  VI :   107-114. 

Davis.     Confederate  government,  I :  pt.  ii. 

b.  Doctrine  of  Implied  Powers 

General 

Morse.     Alexander  Hamilton,  I :  ch.  xii. 

Bryce.     American  commonwealth,  I :  chs.  xxxiii-xxxv. 

Dicey.     Law  of  the  constitution,  lect.  iii. 


HISTORY  OF  POLITICAL  PARTIES  211 

Special  and  Technical 

Kent.     Commentaries,  I :  lect.  xii. 
Pomeroy.     Constitutional  law,  sees.  259-269. 
Patterson.    The  United  States  and  the  states  under  the 
^constitution,  ch.  ii. 

Hare.     Constitutional  law,  2  vols. 
Ordronaux.     Constitutional  legislation. 

Allen   and   Sedition   Acts   and   the    Virginia    and 
Kentucky  Resolutions 

(Channing  and  Hart.    Guide.    §  165.) 

Sources 

Annals  of  Congress,  5th  Congress,  179  7- 1799.     Index. 
American  history  leaflets,  ed.  by  Channing  and  Hart, 
No.  15. 

Preston.     Documents,  277-298. 

MacDonald.     Select  documents,  Nos.  17-23. 

Elliot.     Debates,  IV:  528-582. 

Jefferson.   Writings,  Washington  edition,  IX :  Nos.  39, 47. 

Larned.     History  for  ready  reference,  V  :  3316-3323. 

Cooper  and  Fenton.     American  politics,  bk.  II :  3-10. 

General 

Lalor.     Cyclopedia,  I:    56-58;   II:    672-677,   720; 
III:  319-321. 

McMaster.     People   of  the  United   States,  II :  389- 

403,  417-427,  464-474,  495- 

Schouler.     United  States,  I:  393-427. 

Hildreth.     United  States.     Revised  edition,  V  :  ch.  xii. 

Johnston.     American  pohtics,  49-50. 


212  HISTORY  OF  POLITICAL  PARTIES 

Gay.    James  Madison,  ch.  xv. 

Morse.     Thomas  Jefferson,  193-195. 

Stevens.     Albert  Gallatin,  152-160. 

Adams.     John  Randolph,  ch.  ii. 

Davis.     Confederate  government,  1 :  185-192. 

Special 

von  Hoist.     Constitutional  history,  I :  ch.  iv. 
Warfield.     Virginia  and  Kentucky  resolutions. 
Loring.     Nullification,  etc.  ch.  iv. 
Powell.     Nullification  and  secession,  ch.  ii. 
Randall.     Thomas  Jeiferson,  II :  chs.  ix,  x. 
Story.     Commentaries,  sees.    158,  1288,  1289,  1885, 
1886. 

Shaler.     Kentucky,  ch.  x,  App.  A. 

Hamilton.     United  States,  VII :  chs.  cxlvii,  cxlviii. 

IV.  Tariff  and  Nullification,  1828-1832 

(See  also  Sec.  X,  below,  and  Channing  and  Hart.    Guide.    \  183.) 

Sources 

Benton.  Abridgment,  XI,  XII,  Index.  Duties ^  Nulli- 
fication. 

Niles.     Register,  XXXV-XLIV. 

Calhoun.  Works,  VI :  "  South  Carolina  Exposition  of 
1828." 

Johnston.     Representative  American  orations,  1 :   196. 

Taussig.     State  papers  and  speeches  on  the  tariff. 

Elliot's  Debates,  IV:  523,  580-593  (President  Jack- 
son's Proclamation,  Dec.  10,  1833). 

MacDonald.     Select  documents,  Nos.  43,  44,  55. 


HISTORY  OF  POLITICAL  PARTIES  213 

South  Carolina  Ordinance  of  Nullification 

Preston.     Documents,  299-303. 

MacDonald.     Select  documents,  No.  53. 

Larned.     History  for  ready  reference,  V  :  3366-3369. 

General 

Lalor.     Cyclopedia,  III :  861. 
^Schouler.     United  States,  IV  :  ch.  xiii,  sec.  iii. 
"Young.     American  statesman,  chs.  xxxi,  xlvi,  xlvii. 
Wilson.     Division  and  reunion,  48-68. 
Burgess.     Middle  period,  ch.  viii,  x. 
Wise.     Seven  decades,  ch.  vi. 
Draper.     Civil  War,  I :  ch.  xxi. 
k  Davis.     Confederate  government,  1 :  1 80-1 91. 
Greeley.     American  conflict,  1 :  81-106. 
Schurz.     Henry  Clay,  II :  ch.  xiv. 
McLaughlin.     Lewis  Cass,  139-149. 
Roosevelt.    Thomas  H.  Benton,  ch.  v. 

Special 

von  Hoist.     Constitutional  history,  I :  ch.  xii. 
Loring.     Nullification,  etc. 
Powell.     Nullification  and  secession,  ch.  vi. 
Houston.     Critical  study  of  nullification. 
Benton.     Thirty  years'  view,  1 :  81-106. 
Stephens.      War   between    the   states,   I :    colloquies, 
vii-x. 

Ormsby.  Whig  party,  chs.  xix-xxiii. 
von  Hoist.  John  C.  Calhoun,  ch.  iv. 
Lodge.     Daniel  Webster,  chs.  vi,  vii. 


214  HISTORY  OF  POLITICAL  PARTIES 

Curtis.     Daniel  Webster,  I :  chs.  xvi-xix. 
Sumner.     Andrew  Jackson,  ch.  x,  xiii. 
Parton.     Andrew  Jackson,  III :  chs.  xxxii-xxxiv. 
Roosevelt.     Thomas  H.  Benton,  88-94. 
Colton.     Henry  Clay,  II :  ch.  v-xii. 

V.   The  Webster-Hayne  Debate,  January,  1830 

Biography  of  Webster 

National  cyclopaedia  of  American  biography.  III :  36. 

Appleton's  cyclopaedia  of  American  biography,  VI: 
406. 

Curtis.     Life  of  Daniel  Webster,  2  vols. 

Lodge.     Daniel  Webster. 

Harvey.  Reminiscences  and  anecdotes  of  Daniel 
Webster. 

Lord.     Beacon  lights  of  history,  IV  :  lect.  xlviii. 

Bolton.     Famous  American  statesmen,  177-229. 

Biography  of  Hayne 

National  cyclopaedia  of  American  biography,  III : 
103. 

Appleton's  cyclopaedia  of  American  biography,  III: 
144. 

Accounts  of  the  Debate 

Wilson.     Division  and  reunion,  ch.  ii. 
Young.     American  statesman,  ch.  xxxix. 
Scribner's  magazine,  XV  :   1 1 8. 
Sumner.     Andrew  Jackson,  chs.  x,  xiii. 
von  Hoist.     John  C.  Calhoun,  ch.  iv. 


HISTORY  OF  POLITICAL  PARTIES  215 

March.  Daniel  Webster  and  his  contemporaries,  chs. 
iv-vii. 

See  also  lives  of  Webster  as  above. 

The  Speeches 

Benton.     Abridgment  of  debates,  X:  418,  etc. 

Webster.     Works,  III :  248-355. 

Niles.  Register,  The  Foot  resolution,  XXXVII :  291, 
350,  378  ;  Hayne's  speeches,  January  19,  XXXVII :  415- 
418  ;  January  21,  XXXVIII :  10-24  i  Webster's  speeches, 
January  20,  XXXVII :  435-440  ;  January  26,  XXXVIII : 
25-46 ;  speeches  of  other  senators  in  the  debate,  from 
January  13  to  May  20,  Sup.  to  XXXVIII. 

Johnston.  Representative  American  orations  (ex- 
tracts), 1 :  213-282. 

Elliot.     Debates,  IV  :    496-5  2 1 . 

American  history  leaflets,  ed.  Hart  and  Channing : 
No.  30,  "  Constitutional  doctrines  of  Webster,  Hayne,  and 
Calhoun"  (extracts). 

MacDonald.     Select  documents,  Nos.  47-49. 

VI.  Topics  Discussed  in  "Webster's  Speech  of  January 
26,  1830 

a.  Internal  Improvements 

(Channing  and  Hart.    Guide.     $$  179,  185.) 

Development  of  the  policy  of  internal  improvements, 
especially  in  the  early  history  of  the  United  States  gov- 
ernment; discussion  of  the  constitutional  and  political 
!  questions  involved. 


2l6  HISTORY  OF  POLITICAL  PARTIES 

In  General  Works 

Lalor.     Cyclopedia.     Articles   on  Cumberland  road, 
Internal  improvements. 

Elliot.     Debates,  IV:  434,  461,  467-470,  477,   480, 
525-527  (constitutional  questions). 

Hildreth.     United  States.     Index. 

Young.     American  statesman.     Index. 

Schouler.     United  States,  II :  132  (Jefferson's  plans), 
297;  III:  54,247-251,346-356,477;  IV:  117-129,156. 

McMaster.     People  of  the  United  States,  II :  74-79  ; 
III:  461-495;  IV:  410-429. 

Adams.     United  States,  III :  chs.  i,  ix. 

Johnston.     American  politics.     Index. 

Walker.     Making  of  the  nation.     Index. 

Burgess.     Middle  period.     Index. 
•  Clusky.     Political  text  book,  540-550. 

von  Hoist.     Constitutional  history.     Index. 

Andrews.    United  States.     Index. 

In  Biographies 

Oilman.    James  Monroe.     Index, 
von  Hoist.    John  C.  Calhoun,  ch.  iii. 

b.  Anti-Slavery  Petitions 

(Channing  and  Hart.    Guide.    \  161.) 

von  Hoist.     Constitutional  history,  1 :  89-94. 
Young.     American  statesman,  468-469. 
Hildreth.     United   States,   Revised  edition^  V:    177- 
180,  341-342. 
Schouler.     United  States,  1 :  145-150. 
McMaster.     People  of  the  United  States,  II.     Index. 


HISTORY  OF  POLITICAL  PARTIES  21^ 

c.  The  Embargo  Acts 

(Channing  and  Hart.    Guide.    §  171.) 

MacDonald.     Select  documents,  Nos.  27,  28. 
Lalor.     Cyclopedia,  II :  79-85. 
Schouler.     United  States,  II.     Index. 
Adams.     United  States,  vol.  IV  (i  805-1 809).     Index. 
McMaster.     People  of  the  United  States,  III:  276- 
335;  IV:  232-237. 

Hildreth.     United  States,  Revised  edition^  VI.  Index. 

Young.     American  statesman,  ch.  xvi. 

von  Hoist.     Constitutional  history,  1 :  1 20-1 21. 

Ormsby.     Whig  party,  chs.  x,  xi. 

Gay.    James  Madison,  chs.  xvii,  xviii. 

Morse.     John  Quincy  Adams,  37-57. 

Schurz.     Henry  Clay,  I :  ch.  iv. 

Adams.     New  England  federalism.     Index. 

Adams.     Albert  Gallatin,  1 :  355-443. 

Garland.'    John  Randolph,  I :  chs.  xxxiii,  xxxiv. 

d.  New  England's  Threats  of  Secession 

(Channing  and  Hart.    Guide.    §  173.) 

Lalor.     Cyclopedia,  1 :  624. 

von  Hoist.  Constitutional  history,  I:  135,  187,  197, 
221-223. 

Adams.     New  England  federalism  (documents). 

Hildreth.  United  States,  VI :  226,320-325,381-383, 
426-429,  453-455- 

McMaster.  People  of  the  United  States,  IV:  ch, 
txxviii. 

Lodge.     Daniel  Webster,  45-71. 


2l8  HISTORY  OF  POLITICAL   PARTIES 

Schouler.     United  States,  II:  417. 
Adams.     United  States,  II :  ch.  viii.     Also,  Index,  vol. 
IX.     New  England. 

Powell.     Nullification  and  secession,  ch.  v. 

e.   The  Hartford  Convention  (December  15,  1814) 

Lalor.  Cyclopedia,  1 :  624. 
MacDonald.  Select  documents.  No.  32. 
Dwight.  Hartford  Convention,  esp.  342-399. 
von  Hoist.  Constitutional  history,  1 :  254-270. 
Young.  American  statesman,  269-272. 
Hildreth.  United  States,  VI.  Index. 
McMaster.  People  of  the  United  States,  IV.  Index. 
Schouler.  United  States,  II.  Index. 
Bradford.  Federal  government,  ch.  ix. 
Adams.  United  States.  Index,  vol.  IX.  New  Eng^ 
land  Convention. 

Ormsby.     Whig  party,  chs.  xi-xiii. 
Quincy.     Josiah  Quincy. 
Lodge.     George  Cabot. 
Lodge.     Daniel  Webster,  45-71. 
Curtis.     Daniel  Webster,  I :  ch.  vi. 

/.  Missouri  Compromise 
See  under  Slavery  below. 

VII.   Foreign  Policy 

Foreign  relations  at  the  outset  of  national  government 
the  breach  with  France  (i 797-1800)  ;  the  struggle  foi 
neutral  trade  and  the  embargo;  the  Monroe  doctrine 


H  HISTORY  OF  POLITICAL  PARTIES  219 

northeastern  and  northwestern  boundaries ;  international 
complications  of  the  civil  war. 


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Winsor.  Narrative  and  critical  history,  VII :  ch.  vii, 
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Oilman.  James  Monroe,  271.  (On  Monroe  doc- 
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Winsor.     Narrative  and  critical  history,  VII :  ch.  vii. 

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Tucker.     Monroe  doctrine. 

McMaster.     With  the  fathers,  ch.  i  (Monroe  doctrine). 

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Biographical 

Morse,  John  Quincy  Adams,  18-163.  Quincy,  Life  of 
J.  Q.  Adams,  ch.  iv  (Treaty  of  Ghent).  Adams,  Albert 
Gallatin,  bk.  iv  (181 3- 1829).  *S/'^z;^«i',  Albert  Gallatin, 
chs.  V,  viii.  Morse,  Thomas  Jefferson,  chs.  x,  xvii.  Gay, 
James  Madison,  chs.  xiii,  xvi-xix.     Magruder,  John  Mar- 


HISTORY  OF  POLITICAL  PARTIES  221 

shall,  chs.  vii-ix.  Gilman,  James  Monroe,  chs.  iii-vii. 
Sparks^  William  Pinkney,  11-59  (i 796-1818).  Lodge^ 
George  Washington,  II :  ch.  iv.  Lodge,  Daniel  Webster, 
ch.  viii  (Webster-Ashburton  treaty,  1842). 

VIII.   Pplitical  Parties  from  Jackson  to  the  Civil  War 

Continuation  of  party  history  with  the  reorganization 
and  new  party  names  after  Monroe's  time,  and  new  issues 
such  as  the  policy  of  Jackson,  the  war  on  the  bank,  tariff 
and  nullification,  the  rise  of  the  Whigs  and  their  policy, 
new  tariff  measures,  the  slavery  crisis,  the  compromise  of 
1850,  and  the  great  struggle  over  Kansas. 

Bibliography,  Especially  for  Sources 

Channing  and  Hart.      Guide,  §§  1 81-183,    1 90-1 91, 

195-197,  199-203. 
Winsor.     America,  VII :   ch.  v,  end. 

General  Works  for  the  Period 

Schouler.    United  States,  IV,  V.     Index.    Parties, 

Johnston.     American  politics.     Index. 

Wilson.     Division  and  reunion,  chs.  i.-vii. 

Burgess.     Middle  period,  chs.  vii-xxii. 

Cooper.    American  politics,  bk.  i :  29-71. 

Brooks.     Short  studies  in  party  politics,  chs.  ii,  iv. 

Patton.     Political  parties  in  the  United  States. 

Lalor.  Cyclopedia,  I,  II.  Articles  on  Abolition, 
American  party.  Anti-masonry,  Compromises,  Democratic- 
Republican  party,  Dred  Scott  case,  Free-Soil  party,  In- 
idependent  treasury,  Kansas-Nebraska  bill,  Nominating 
conventions. 


222  HISTORY  OF  POLITICAL  PARTIES 

Ford.     Rise  and  growth  of  American  politics, 
von  Hoist.     Constitutional  history,  I-VII.     Index. 
Young.     American  statesman,  chs.  xxxviii,  etc. 
Andrews.     United  States,  II :  period  iii. 
Houghton.     American  politics,  chs.  xi-xvii. 
Boyd.     Political  history,  351-434. 
Holmes.     Parties  and  their  principles,  chs.  ix,  etc. 
Porter.     Constitutional  history,  pt.  iii :  chs.  iv,  v. 
Moore.     American  congress,  chs.  xix-xxv. 
Stan  wood.     Presidential  elections,  chs.  xii-xix. 
Hewes.     Political  parties.     Chautauquan,  XIV :  149- 
152. 

BlOGRAPfflES 

Morse^  John  Quincy  Adams,  ch.  iii.  Quincy,  Life  of 
J.  Q.  Adams,  chs.  viii-xiv.  von  Hoist,  John  C.  Calhoun, 
chs.  iv-ix.  Youngy  Lewis  Cass,  chs.  viii-xvii.  McLaugh- 
lin, Lewis  Cass,  chs.  v-xi.  Quincy,  Life  of  Quincy,  ch. 
XX.  Shepard,  Martin  Van  Buren,  chs.  vi-xii.  Lodge, 
Daniel  Webster,  chs.  vii-x.  Curtis,  Daniel  Webster, 
I :  chs.  xv-xxiv ;  II.  Boutwell,  Lawyer,  statesman, 
etc.    Webster,  Lincoln 

Particular  Topics 

Ormsby,  Whig  party,  chs.  xviii-xxxi.  Byrdsall,  The 
Loco-Foco  or  Equal  Rights  party.  Smith,  The  Liberty 
and  Free-Soil  parties  in  the  Northwest.  Harvard  His- 
torical Studies,  VI.  Schmeckebier,  The  Know- Nothing 
party  in  Maryland  (in  Johns  Hopkins  University  Studies, 
XVII :  Nos.  4-5).  Jones,  Modern  democracy.  Patton, 
Democratic  party.  Lawton,  American  caucus  system. 
Norcross,  Democracy.      Tyler^  Parties  and  patronage. 


HISTORY  OF  POLITICAL   PARTIES  223 

Wilson^  Rise  and  fall  of  the  slave  power,  vol.  II.  Smal- 
ley,  Republican  party.  Davis,  Short  history  of  the  con- 
federate states,  pt.  i. 

Contemporary  Writings 

(See  also  references  in  Channing  and  Hart,  as  above.) 

McKee,  ed.     National  platforms  of  all  political  parties. 

MacDonald.     Select  documents.  No.  50,  etc. 

Poore.     Perley's  reminiscences,  I :  chs.  vi-x,  xiv,  etc. 

Benton.     Thirty  years'  view,  2  vols. 

Seward.  Works,  ed.  G.  E.  Baker,  1:51,  etc.  (speeches 
in U. S.  Senate) .     IV:  223,  etc.  (political  speeches). 

Cooper.     American  politics,  bk.  ii  (platforms). 

Godwin,  Parke.     PoHtical  essays. 

Sargent,  N.     Public  men  and  events,  I :  chs.  iii,  iv ;  II. 

Hilliard,  H.  W.    Politics  and  pen  pictures,  chs.  xv-xxx. 

Parker,  T.     Works,  IV  (discourses  on  politics). 

Tilden,  S.  J.  Public  writings  and  speeches,  I :  chs. 
i-xviii. 

Webster.     Works,  19th  ed.     6  vols.,  various  speeches. 

Clay.     Life  and  speeches,  ed.  Colton,  6  vols. 

Calhoun.     Speeches,  3  vols.     (Works,  vols.  4-6.) 

Lincoln.     Works,  ed.  Nicolay  and  Hay,  vol.  I. 

Kendall,  Amos.     Autobiography. 

Sumner.  Memoir  and  letters,  ed.  E.  L.  Pierce,  III : 
eh.  xxxii,  etc. 

Adams,  J.  Q.     Memoirs,  vols.  IX-XII.     Index. 

Johnston.  Representative  American  orations,  vols.  II, 
tll :  pts.  iv,  V.    Woodburn  edition,  vols.  I-III. 


224  HISTORY  OF  POLITICAL  PARTIES 

IX.  United  States  Banks 

The  circumstances  and  the  policy  of  chartering  a  bank 
by  the  United  States  government;  the  poHtical  history 
of  the  banks  of  1791  and  18 16;  President  Jackson's 
overthrow  of  the  second,  and  the  ineffectual  attempts 
of  the  Whig  party  to  restore  it  under  President  Tyler. 
(Channing  and  Hart.    Guide.    §§  158,  174,  182,  184,  191.) 

Statutes  and  Documents 

Goddard.  Banking  institutions,  1831  (contains  Ham- 
ilton's report  recommending  the  original  bank,  1790). 

Clarke  and  Hall.  Legislative  and  documentary  history 
of  the  Bank  of  the  United  States  (the  bank  of  1 791). 

Dunbar.  Currency,  finance,  and  banking.  (Complete 
compilation  of  statutes.) 

Muhleman.     Monetary  systems,  39-41. 

Reform  Club.     Sound  currency,  31-44. 

American  history  leaflets,  No.  24.  Documents  relative 
to  the  bank  controversy. 

MacDonald.    Select  documents,  Nos.  50-5  2,  54, 5  7-62. 

Historical 

Consult  the  general  histories  referred  to  above  under 
Political  Parties,  as  Schouler,  McMaster,  Hildreth,  An- 
drews, Channing,  Hart's  Formation  of  the  Union,  John- 
ston's American  poUtics,  and  von  Hoist's  Constitutional 
history.  See  Index,  Bank  of  the  United  States  or  Bank, 
national.     Also  the  following  : 

BoUes.     Financial  history  (i  789-1860).     Index. 

Sumner.     History  of  banking,  I :  periods  ii-v. 


HISTORY   OF  POLITICAL  PARTIES  22$ 

Lalor.     Cyclopedia.     Article  on  Bank  controversies. 

White.     Money  and  banking,  248-316,  406-419. 

Walker.     Money,  ch.  xxi. 

Sumner.     American  currency. 

Burgess.     Middle  period,  chs.  ix,  xii. 

Wilson.     Division  and  reunion,  ch.  iii. 

Upton.     Money  in  politics,  ch.  xi. 

Kinley.     Independent  treasury,  ch.  i. 

Royall.     Andrew  Jackson  and  the  bank. 

Clusky.     Political  text-book,  75-80. 

Young.     American  statesman.     Index. 

Hamilton.   United  States,  IV :  220,  etc.    (Hamilton's.) 

Webster.     Works,  III :  391-447. 

Benton.    Thirty  years'  view.     (See  contents.) 

In  Biographies 

Roosevelt,  Thomas  H.  Benton,  ch.  vi.  Schurz,  Henry 
Clay,  II :  ch.  i.  Stevens,  Albert  Gallatin,  256-288. 
Lodge,  Alexander  Hamilton,  ch.  v.  Sumner,  Andrew 
Jackson,  chs.  xi-xiii.  Parton,  Andrew  Jackson,  III :  chs. 
xxix-xxxi.  Shepard,  Martin  Van  Buren,  ch.  viii,  ix. 
Lodge,  Daniel  Webster,  207-210,  226-230. 

X.  Tariff  Legislation 

The  record  of  the  tariff  laws  of  the  Unites  States  from 
1789  to  i860,  and  current  political  discussion;  theoreti- 
cal works  are  not  included. 

Bibliography 

Winsor.     America,  VII :  308-328. 
Channing  and  Hart.     Guide.     §§  58,  174,  179,  183, 
191,  195. 
Q 


226  HISTORY  OF  POLITICAL  PARTIES 


Tariff  Histories 

Lalor.  Cyclopedia.  Articles  on  Customs,  Duties, 
Protection,  Tariffs  of  the  United  States. 

BoUes.     Financial  history,  1 789-1860.     Index. 

Taussig.     Tariff  history  of  the  United  States,  1-154. 

Taussig.     Protection  to  young  industries. 

EUiott.  Tariff  controversy,  1 789-1833.  (In  Leland 
Stanford  Junior  University  Monographs.) 

Thompson,  R.  W.     History  of  protective  tariff  laws. 

Young,  Edward.  Customs  tariff  legislation,  1789- 
1870.  (Special  report  to  Secretary  of  the  Treasury  with 
statistical  tables.) 

Strange,  D.     Farmers'  tariff  manual,  pt.  iii. 

Goss.     Tariff  administration. 

Roberts.  Government  revenues,  oh.  iv.  (In  Columbia 
College  Studies.) 

Bishop.  American  manufactures.  Index  for  particu- 
lar industries. 

In  General  Histories 

Consult  the  general  histories  referred  to  above  under 
Political  Parties,  as  Schouler,  McMaster,  Hildreth,  An- 
drews, Channing,  Hart's  Formation  of  the  Union,  Wilson's 
Division  and  reunion,  Walker's  Making  of  the  nation, 
Burgess's  Middle  period,  Johnston's  American  politics, 
and  von  Hoist's  Constitutional  history.  See  Index, 
Tariff.     Also  the  following  : 

Young.     American  statesmen.     Index. 

Hamilton.     United  States,  IV:  ch.  Ixvi  (early). 

Clusky.     Political  text  book,  635-641  (1789-185  7). 


HISTORY  OF  POLITICAL  PARTIES  227 

Patton.     American  people,  II :  714-726. 
Blaine.    Twenty  years  of  Congress,  I :  ch.  ix. 

In  Biographies 

von  Hoist,  John  C.  Calhoun.  Index.  Adams,  Albert 
Gallatin,  640-642.  Stevens,  Albert  Gallatin,  248-251. 
Lodge,  George  Washington,  110-119.  Lodge,  Daniel 
Webster,  ch.vi  (tariff  of  1828). 

Reports  and  Schedules 

Taussig.     State  papers  and  speeches  (to  1824). 

Young,  E.  Custom  tariff  legislation.  (Special  report 
to  Secretary  of  the  Treasury.)     Appendix. 

Report  of  tariff  commission  to  House  of  Representa- 
tives, 1883,  2  vols. 

Morrill.  Tariff  compilation.  (Senate  commission, 
1884.) 

XI.  Revenue  System,  1789-1860 

The  system  of  revenue  adopted  at  the  organization  of 
the  Federal  government  and  developed  during  the  period 
to  the  Civil  War.  See  also  above  references  on  Tariff,  and 
United  States  Treasury  Reports  for  amounts  of  receipts 
and  expenditures. 

In  General  Histories 

Consult  the  general  histories  referred  to  above  under 
Tariff.  See  Index,  Excise,  Revenue,  Internal  revenue ^ 
Tariff,  etc.     Also  the  following  : 

Young.     American  statesman.     Index. 

Adams.     United  States,  Index,  vol.  IX.,  Finance, 


228  HISTORY  OF  POLITICAL  PARTIES 

Hamilton.  United  States,  IV  :  1-7,  159-172,  208-220 
(Hamilton's  policy). 

Gibbs.  Administration  of  Washington  and  Adams,  2 
vols.     Index,  Revenue. 

In  Biographies 

Adams,  Albert  Gallatin,  bk.  iii.  Stevens,  Albert  Gal- 
latin, ch.  vi.  Lodge,  Alexander  Hamilton,  ch.  v.  Gay^ 
James  Madison,  ch.  xi. 

Financial  Histories  and  Special  Works 

Lalor,  Cyclopedia.  Articles  on  Finance,  Internal  rev- 
enue. Bolles,  Financial  history,  1 789-1860.  Howe, 
Taxation  in  the  United  States,  chs.  i,  ii.  Carter,  Taxation 
in  the  .United  States,  1 789-1816.  (In  Johns  Hopkins 
University  Studies,  vol.  II.)  Plehn,  Introduction  to  pub-j 
lie  finance,  pt.  ii.     Bourne,  Surplus  revenue  of  1837. 

Xn.   Slavery 
a.  Territorial  and  Slavery  Questions,  i  789-1806 

(Channing  and  Hart.    Guide.     §  161.) 

American  state  papers.     Miscellaneous,  vol.  1 :  12,  386, 

449- 

Lalor.     Cyclopedia,  II :  315,  671 ;  III :  461-469,  735, 

891,  1061. 

von  Hoist.     Constitutional  history,  1 :  302-325. 

Schouler.     United  States,  I:  98-101, 142-150, 179-199, 

McMaster.  People  of  the  United  States,  II:  15-22^^ 
144-165,  284-286,  476-489  ;  III :  ch.  xvi. 

Hildreth.  United  States,  IV:  174-206,  225-240, 
267-272,  326-330,  384-387,  622-644. 


HISTORY  OF  POLITICAL  PARTIES  229 

Wilson.     Slave  power,  I :  chs.  v-vii. 

Winsor.     America,  VII ;  App.  i,  territory. 

Greeley.     American  conflict,  I :  ch.  vi. 

Ormsby.     Whig  party,  chs.  viii,  xv,  xvi. 

Draper.     Civil  war,  I :  ch.  xvi. 

Rhodes.     United  States  from  1850,  1 :  1-27. 

Goodell.     Slavery  and  anti-slavery,  chs.  xix,  xxii. 

Cobb.     Historical  sketch  of  slavery,  ch.  x. 

McDougall.     Fugitive  slaves,  §§  16-35. 

Williams.  Negro  race  in  America,  I :  ch.  xxxi ;  II : 
ch.  i. 

Carey.     The  slave  trade,  domestic  and  foreign. 

Hurd.     Law  of  freedom  and  bondage,  2  vols. 

Ingram.     History  of  slavery. 

Gay.  James  Madison,  159-171.  (Anti-slavery  peti- 
tions.) 

b.  Growth  of  Slavery  and  the  Missouri  Compromise 

(Channing  and  Hart.    Guide.    \  177.) 

Lalor.     Cyclopedia,!:  549-552;  II:  862. 
von  Hoist.     Constitutional  history,  1 :  324-381. 
McMaster.    People  of  the  United  States,  IV  :  ch.  xxxix. 
Schouler.     United  States,  IV  :  133-189. 
Burgess.     Middle  period,  ch.  iv. 
Hildreth.    United  States,  V  :  498-506,  627-644 ;  VI : 
613-686. 

Gay.     Bryant's  history,  IV  :  ch.  xi. 

Greeley.    American  conflict,  I :  ch.  vii. 

Greeley.     Struggle  for  slavery  extension,  chs.  v-ix. 

Draper.     Civil  war,  I :  chs.  xvii,  xix. 

Williams.     Negro  race  in  America,  II :  ch.  i. 

Cobb.    Historical  sketch  of  slavery,  chs.  xvii,  xviii. 


230  HISTORY  OF  POLITICAL  PARTIES 

Rhodes.     United  States  from  1850,  1 :  28-38. 

Wilson.     Slave  power,  I :  chs.  viii-xi. 

Blaine.     Twenty  years  of  Congress,  I :  ch.  i. 

Chambers.     American  slavery,  33-46. 

Young.     American  statesman,  ch.  xxiii. 

Stephens.     War  between  the  states,  II :  colloquy  15. 

Ormsby.     Whig  party,  chs.  xv,  xvi. 

Dixon.    True  history  of  the  Missouri  compromise. 

In  Biographies 

SchurZy  Henry  Clay,  I :  ch.  viii.  Roosevelt^  Thomas 
H.  Benton,  chs.  i,  ii.  Morse ^  John  Quincy  Adams, 
120-126.     McLaughlin,  Lewis  Cass,  ch.  iv. 

c.  The  Abolition  Movement  and  the  Slavery 
Controversy,  i  830-1 844 

(Channing  and  Hart.    Guide.     \\  186-188.) 

Schouler.     United  States,  IV  :  ch.  xiv. 
Rhodes.     United  States  from  1850,  1 :  38-90. 
Wilson.     Division  and  reunion,  ch.  v. 
Burgess.     Middle  period,  ch.  xi. 
Wilson.     Slave   power,   I :    chs.  xiii-xvii,   xxix,   xxx, 
xxxvi,  xl. 

Greeley.     American  conflict,  I ;  chs.  ix-xi. 

Draper.     American  civil  war,  I :  ch.  xvii. 

Gay.     Bryant's  history,  IV  :  ch.  xiii. 

Young.     American  statesman,  chs.  hi,  Ixii. 

von  Hoist.     Constitutional  history,  II :  80-146,  219- 

235- 

Goodell.     Slavery  and  anti-slavery. 

Ormsby.     Whig  party,  ch.  xxiv. 


HISTORY  OF  POLITICAL  PARTIES  23 1 

In  Biographies 

Seward ^  John  Quincy  Adams,  chs.  xii-xiv.  Roosevelt ^ 
Thomas  H.  Benton,  ch.  viii.  Birneyy  James  G.  Birney 
and  his  times,  chs.  xii-xviii.  Curtis^  James  Buchanan, 
I :  ch.  xiii.  Schurz,  Henry  Clay,  II :  chs.  xvii,  xxi. 
Johnson^  WiUiam  Lloyd  Garrison  and  his  times.  Julian, 
Joshua  R.  Giddings,  chs.  i-iii.  Frothingham,  Theodore 
Parker.  Frothinghaniy  Gerrit  Smith.  Pierce,  Memoir 
and  letters  of  Charles  Sumner,  III :  ch.  xxx.  Toppan, 
Arthur  Toppan,  ch.  viii-xx.  Curtis,  Daniel  Webster,  I : 
ch.  xxii. 

d.   From  the  Wilmot  Proviso  to  the  Compromise 
OF  1850,  1846-1850 

(Channing  and  Hart.    Guide.     \\  196-197.) 

Lalor.     Cyclopedia,  III :  1 1 14-1 118. 

Schouler.     United  States,  V  :  chs.  xviii-xx. 

Rhodes.     United  States  from  1850,  I :  chs.  ii,  iii. 

Wilson.     Division  and  reunion,  153-182. 

Burgess.     Middle  period,  chs.  xvi,  xvii. 

Greeley.     American  conflict,  I :  chs.  xiv,  xv. 

Wise.     Seven  decades,  ch.  xii. 

Stan  wood.     Presidential  elections,  chs.  xvii,  xviii. 

Johnston.  Representative  American  orations,  II :  46- 
134  (Calhoun,  Clay,  Webster),  Woodburn  edition,  II : 
123-218. 

Blaine.     Twenty  years  of  Congress,  I :  chs.  iv,  v. 

Draper.     Civil  war,  I :  ch.  xxiii. 

Young.     American  statesmen,  chs.  Ixx,  Ixxxi. 

von  Hoist.     Constitutional  history,  III :  chs.  xi-xiv. 


232  HISTORY  OF  POLITICAL   PARTIES 

Stephens.  War  between  the  states,  II :  colloquies  xiv- 
xvi. 

Wilson.     Slave  power,  II :  chs.  ii-xxiv. 
Benton.     Thirty  years'  view,  II :  chs.  clxvi-cxcvii. 
Sargent.     Public  men  and  events,  II :  chs.  vii,  viii. 
Poore.     Perley's  reminiscences,  chs.  xxvii-xxx. 

In  Biographies 

Roosevelt^  Thomas  H.  Benton,  ch.  xiv.  McLaughlin, 
Lewis  Cass,  chs.  viii,  ix.  Schurz,  Henry  Clay,  II :  chs. 
xxv,  xxvi.  Nicolay  and  Hay,  Abraham  Lincoln,  I :  chs. 
xiii-xviii.  Curtis,  Daniel  Webster,  II :  chs.  xxxiii-xxxvii. 
Lodge,  Daniel  Webster,  ch.  ix. 

e.  The  Kansas  Struggle,  i  854-1861 

(Channing  and  Hart.    Guide.    §  200.) 

Lalor.     Cyclopedia,  II :  664-670. 
Wilson.     Division  and  reunion,  174-187. 
Burgess.     Middle  period,  chs.  xix,  xx,  xxii. 
Rhodes.     United   States   from    1850,  I:   ch.  v;  II; 
Index. 
Schouler.     United  States,  V :  ch.  xxi. 
Spring.     Kansas,  chs.  i-xii. 

Blaine.     Twenty  years  of  Congress,  I :  chs.  vi,  vii. 
Young.     American  statesman,  chs.  Ixxv,  Ixxx. 
Greeley.     American  conflict,  I :  ch.  xvii. 
Draper.     American  civil  war,  I :  ch.  xxiv. 
Gay.     Bryant's  history,  IV  :  405-426. 
Davis.     Confederate  government,  1 :  26-29. 
Stephens.     War  between  the  states,  II :  240-25  7. 
von  Hoist.     Constitutional  history,  IV :  chs.  vi-viii. 


HISTORY  OF  POLITICAL  PARTIES  233 

Wilson.     Slave  power,  II :  chs.  xxx,  xxxv,  xxxvii,  xl. 
MacDonald.     Select  documents,  Nos.  85-88,  90,  92. 
Documents    relating    to    the    Kansas- Nebraska   Act. 
American  history  leaflets.     No.  1 7. 

In  Biographies  and  Orations 

Nicolay  and  Hay,  Abraham  Lincoln,  I :  chs.  xix-xxv, 
II :  ch.  ii.  Roosevelt,  Thomas  H.  Benton,  ch.  xx.  Mc- 
Laughlin, Lewis  Cass,  ch.  x.  Sumner,  Works,  IV :  137- 
256  ("  Crime  against  Kansas"),  also  in  Johnston,  Amer- 
ican orations,  II :  256-288.  Douglas,  On  the  Kansas- 
Nebraska  bill;  in  Johnston,  American  orations,  II :  218. 
Sanborn,  Life  and  letters  of  John  Brown,  chs.  vii-xi. 

/.  Rise  of  the  Republican  Party 

(Channing  and  Hart.    Guide.    §§  201,  203.) 

Lalor.     Cyclopedia,  III :  597-599. 

Johnston.     American  poHtics,  Index. 

Schouler.     United  States,  V  :   Index,  Republicans, 

Stanwood.     Presidential  elections,  chs.  xix,  xx. 

Nicolay  and  Hay.  Abraham  Lincoln,  I :  chs.  xx,  xxi ; 
II :  chs.  ii,  viii,  xv. 

Wilson.     Slave  power,  II :  chs.  xxxi,  etc. 

Rhodes.     United  States,  II :  chs.  vii,  viii,  x. 

Blaine.     Twenty  years  of  Congress,  I :  ch.  vi,  vii. 

von  Hoist.     Constitutional  history.  Index,  vol.  viiL 

Ormsby.    Whig  party,  chs.  xxviii-xxxi. 

Wise.     Seven  decades,  ch.  xiii. 

Poore.     Perley's  reminiscences,  I :  chs.  xxxvi-xliv. 

Smalley.     Republican  party,  chs.  x-xiv. 

McKee,  ed.  National  platforms  of  all  political  parties, 
1852-1860. 


234  HISTORY  OF  POLITICAL   PARTIES 

XIII.  Political  Parties  since  the  Civil  War 

The  new  lines  upon  which  parties  have  been  divided 
in  the  period  since  i860,  and  the  questions  of  political 
discussion. 

Bibliography 

Channing  and  Hart.  Guide,  sees.  205,  207,  208,  213, 
214,  ending  with  1865. 

Poole.  Index  to  periodical  literature.  Parties,  polit- 
ical; Democratic  party y  Republican  party. 

General  Works  for  the  Period 

Johnston.     American  politics  (to  1881),  chs.  xx-xxiv. 

Stanwood.     Presidential  elections,  chs.  xx-xxv. 

Appleton's  annual  cyclopedia,  Congress. 

Lalor.  Cyclopedia.  Articles  on  Democratic  party, 
Electoral  commission.  Party  government,  RepubUcan 
party. 

Burgess.     Civil  war  and  reconstruction. 

Wilson.     Division  and  reunion  (to  1889),  chs.  xi-xiii. 

Hewes.  Political  parties.  Chautauquan,  XIV  :  2  79- 
284,  407-411. 

Boyd.     PoHtical  history  (to  1888),  435-540. 

Houghton.     American  politics  (to  1882),  chs.  xviii-xxii. 

Andrews.  United  States  (to  1890),  II :  period  iv,  chs. 
i-iii,  xi,  and  period  v. 

Andrews.  The  last  quarter-century  in  the  United 
States  (18  70-1 895),  2  vols. 

Patton.     Political  parties  (to  1896). 

Moore.     American  Congress  (to  1895),  chs.  xxvi-xxxiv. 

Cooper.     American  politics  (to  1882). 


HISTORY  OF  POLITICAL   PARTIES  235 

Smalley.     Republican  party  (to  1884). 
Patton.     Democratic  party  (to  1883). 

Political  Memoirs  and  Contemporary  Records 

Blaine^  Twenty  years  of  Congress  (to  1881),  vol.  II. 
Garfield,  ed.  Hinsdale,  Works  (to  1881),  2  vols.  McKee, 
ed.,  National  platforms  of  all  political  parties.  Long^ 
Republican  party  (to  1888).  McCullough,  Men  and 
measures,  chs.  xxiii,  xxvi,  xxvii,  xxxiv.  Poore,  Perley's 
reminiscences  (to  1887),  II :  ch.  iii,  etc.  Pierce ,  Memoir 
and  letters  of  Sumner,  IV.  (to  1874).  IVden,  ed.  Bige- 
low,  Public  writings  and  speeches,  2  vols,  (to  1880). 

XIV.   The  War  Tariffs  and  Recent  Changes 

The  tariff  policy  adopted  by  the  government  in  the 
period  of  the  civil  war,  and  its  development  and  modifi- 
cations to  the  present  time. 

(Channing  and  Hart.    Guide.    §  211.) 

Consult  general  works  referred  to  in  Section  XIII 
above,  as  Andrews,  Patton,  Johnston's  American  politics, 
Wilson's  Division  and  reunion,  etc.  See  Index,  Tariff. 
Also  the  following : 

Lalor.     Cyclopedia.     Article  on  Tariffs. 

BoUes.    Financial  history  of  United  States,  1 861-1885. 

Taussig.     Tariff  history,  155-258. 

Rhodes.     United  States  from  1850,  III :  ch.  xii. 

Boyd.     Political  history,  72a-i  1 2a. 

Blaine.  Twenty  years  of  Congress,  I :  ch.  xviii ;  II : 
ch.  xxii. 

Atkinson.  Taxation  and  work  (discussion  of  the 
McKinley  tariff). 


236  HISTORY  OF  POLITICAL  PARTIES 

Strange.     Farmer's  tariff  manual,  160-197. 

Springer.     Tariff  reform  (to  1892). 

Presidents'  messages  to  Congress,  especially  President 
Cleveland's  message  December  6,  1887.  Congressional 
record. 

Platforms  and  Schedules 

Morgan.     United  States  tariffs,  1883. 

Heyl.     United  States  import  duties,  1883,  vol.  II. 

Bowker.     Economic  fact  book  (platforms,  etc.),  1885. 

Adams.  New  United  States  tariff,  1890  (McKinley 
bill). 

Morrill.  Tariff  compilation  to  1884.  (Report  of 
Senate  Committee  on  Finance,  January  7,  1884.) 

Young.  Customs  tariff  legislation,  App.  A  (to  1870). 
(Special  report  to  Secretary  of  the  Treasury.) 

Tariff  commission.  Report  to  House  of  Representa- 
tives, 1882,  2  vols. 

Committee  on  Ways  and  Means.  Hearings,  1889- 
1890. 

United  States  Statutes.  Act  of  1890  (McKinley  bill)  ; 
Act  of  1894  (Wilson  bill)  ;  Act  of  1897  (Dingley  bill). 
See  also  Appleton's  Annual  Cyclopedia,  Congress. 

XV.  Revenue  System  since  the  Civil  War 

Development  of  the  revenue  system  in  the  war  period 
with  modifications  to  the  present  time.  Consult  the 
general  works  referred  to  in  Section  XIII  above.  See 
Index,  Taxation^  Revenue,  Tariff,  etc.  Also  the  follow- 
ing: 

Blaine.  Twenty  years  of  Congress,  I :  chs.  xviii,  xix, 
xxii ;  II :  ch.  xiii. 


HISTORY  OF  POLITICAL  PARTIES  2^7 

McCuUough.     Men  and  measures,  ch.  xxxi. 
Pierce.     Memoirs  of  Charles  Sumner,  vol.  IV.     Index, 
Taxas,  Tariff,  Debt. 

Financial  Histories  and  Special  Works 

Lalor,  Cyclopedia.  Article  on  Finance.  BolleSy  Finan- 
cial history,  1 861-1885.  Howe,  Taxation  in  the  United 
States,  chs.  iii-viii.  Plehn,  Introduction  to  public  finance, 
pt.  ii.  JoneSy  Federal  taxes,  1887.  Shaw,  National  rev- 
enues, 1888.  Gould  diVid.  Tucker,  Federal  income  tax  (law 
of  1894).  Davis,  Income  tax  cases  (Supreme  Court 
decisions  upon  law  of  1894).  Also  in  United  States  Re- 
ports, vol.  157,  p.  429. 

XVI.  Legal-Tender  Legislation 

The  history  of  the  issue  of  United  States  notes,  espe- 
cially under  the  Act  of  Congress  of  1862  ;  discussions  of 
the  financial  poHcy  thereof,  and  the  progress  toward 
redemption.  Consult  the  general  works  referred  to  in 
Section  XIII  above.  See  Index,  Legal  Tender  Laws, 
Greenbacks,  United  States  notes,  etc.  Also  the  following : 
(Channing  and  Hart.    Guide.    §  211.) 

Blaine,  Twenty  years  of  congress,  I :  ch.  xix ;  II : 
ch.  XX.  Rhodes,  United  States  from  1850,  III :  464,  559- 
578.  Lalor,  Cyclopedia.  Article  on  United  States  notes. 
White,  Money  and  banking,  38-43,  117-234.  Bolles, 
Financial  history,  1 861-1885.  Index.  Walker,  Money, 
ch.  xvi.  Linderman,  Money  and  legal  tender,  ch.  xv. 
Knox,  United  States  notes.  Fawcett,  Gold  and  debt, 
1 86-19 1.  Poor,  Resumption  and  the  silver  question 
(1878).     Sumner,  American  currency,  189-227.     Hor- 


238  HISTORY  OF  POLITICAL  PARTIES 

ton,  Silver  and  gold  and  the  problem  of  resumption 
(1876).  Upton,  Money  in  politics,  chs.  xii-xiv,  xvii. 
Gordon,  Congressional  currency,  chs.  viii-xi.  Dunbar, 
Currency,  finance,  and  banking  (statistics).  Muhleman, 
Monetary  systems,  26-29.  Reform  Cluby  New  York, 
Sound  currency  (1895). 

XVII.   Coinage  Legislation 

The  laws  of  the  United  States  with  respect  to  coinage, 
and  the  discussion  of  their  operation. 

White,  Money  and  banking,  44-54,  191-223.  Lalor, 
Cyclopedia.  Article  on  Coinage.  Mc Master,  With  the 
fathers  :  a  century's  struggle  for  silver.  Bolles,  Financial 
history.  Index.  Walker,  Money,  ch.  ix.  Linder7nan, 
Money  and  legal  tender.  Laughlin,  Bimetallism  in  the 
United  States.  Upton,  Money  in  politics.  Sherwood, 
History  of  money,  ch.  vi.  Stevens,  Albert  Gallatin. 
Index,  Specie.  Benton,  Thirty  years'  view.  (See  con- 
tents.) 

See  also  general  histories,  as  Hildreth,  Schouler,  Mc- 
Master.     Index,  Coins,  Coinage,  Mint,  Specie, 

Silver 

Ehrich.     Question  of  silver. 

Taussig.     Silver  situation  (statutes  of  1878  and  1890). 

Shaler.     United  States,  II :  546-555. 

Johnston.     American  politics.     Index,  Silver, 

See  also  general  works  referred  to  in  Section  XIII 
above,  and  for  further  references,  San  Francisco  Public 
Library  Bulletin,  1 :  52-54  (July,  1895)  ;  II :  61  (August, 
1896). 


HISTORY  OF  POLITICAL  PARTIES  239 

Statutes  Compiled 

Dunbar.     Currency,  finance,  and  banking. 
Muhleman.     Monetary  systems,  19-24. 
Reform  Club,  New  York.     Sound  money,  2-21. 

XVIII.  Commerce 

A  few  references  on  the  history  of  American  commerce 
and  merchant  marine. 

Lalor,  Cyclopedia.  Articles  on  Navigation  laws,  Amer- 
ican merchant  marine.  Schouler^  United  States.  Index, 
Commerce.  Winsor,  Memorial  history  of  Boston,  III : 
Trade,  commerce,  and  navigation.  Atkinson,  Commercial 
development.  Bates,  American  marine.  Bolies,  Indus- 
trial history,  bks.  iii,  v.     Shaler,  United  States,  I :  ch.  x. 

XIX.   The  Army  and  National  Defence 

The  organization  of  the  military  system  of  the  United 
States  and  a  few  notices  of  our  plans  for  national  defence. 

Schouler,  United  States.  Index,  Army,  Hamilton, 
United  States,  IV  :  408-41 1  (early  organization) .  Palmer, 
Historical  register.  Ill :  1-18  (army  to  1814).  Hildreth, 
United  States.  Index,  Army,  Adams,  United  States, 
VIII :  ch.  X.  Poussin,  United  States,  pt.  ii :  chs.  i-xii 
(national  defences).  Ingersoll,  History  of  the  War  de- 
partment.    Shaler,  United  States,  I :  ch.  xi. 

XX.   The  Navy,  Old  and  New 

References  to  the  organization  and  development  of  the 
navy,  and  its  relation  to  the  growth  of  the  nation.  See 
Index,  Navy, 


240  NOMINATING   CONVENTIONS 

In  General  Works 

Lalory  Cyclopedia.  Article  on  Navy.  Schouler,  United 
States.  Palmer y  Historical  register.  Index;  III :  19-31. 
Hildrethy  United  States.  Andrews^  United  States.  Ben- 
touy  Thirty  years'  view.  (See  Contents,  Home  squadron, 
Naval  academy. 

Special  Works 

Maclay,  History  of  the  navy.  Cooper,  History  of  the 
navy.  Reed  and  Simpson,  Modern  ships  of  war.  Brooks, 
History  of 'American  sailors.  Rodgers,  United  States  naval 
academy.  Soley,  Naval  academy.  King,  Warships  and 
navies,  ch.  xxvi. 


CHAPTER  XXI 
NOMINATING   CONVENTIONS 

Bryce,  Chapter  LIII.     Nominating  Conventiona 

Questions.  —  What  nominating  conventions  were  held  either 
this  or  last  year  in  this  state  ?  When  were  the  last  national 
conventions  held  ?  Report  upon  the  last  national  convention 
of  each  party,  stating  place,  membership,  prominent  leaders, 
and  work  done  (see  newspaper  files).  How  are  convention 
expenses  paid?  What  cities  are  the  favorites  for  political 
conventions?  Give  instances  to  prove  the  commonness  of 
the  national  conventions  in  this  country  for  other  purposes 
than  politics.  What  facilities  do  railroads  afford?  If  possi- 
ble, visit  the  session  of  some  county  or  city  convention. 
Learn  all  that  you  can  in  regard  to  convention  methods, 
order  of  business,  etc.  What  order  of  business  has  become 
traditional? 


PUBLIC   OPINION  241 

Bryce,  Chapter  LIV.     The  Nominating  Convention 
at  Work 

Questions.  —  Select  some  one  of  the  most  recent  national 
conventions  and  from  the  accounts  in  the  newspapers  and 
magazines,  such  as  the  Review  of  Reviews,  report  upon  the 
following :  What  persons  were  considered  candidates  before 
the  sitting  of  the  convention?  What  names  were  placed  in 
nomination  ?  Describe  the  position  and  strength  of  each  per- 
son placed  in  nomination,  according  to  the  points  suggested 
in  the  chapter?  How  many  ballots  were  taken?  How  was 
the  result  determined  ?  Is  the  description  in  the  chapter  true 
to  life?  Does  it  fit  the  convention  you  are  studying?  ■  How 
was  the  selection  of  the  vice-presidential  candidate  determined  ? 
Did  the  convention  carry  out  the  general  desires  of  the  party, 
or  did  it  impose  objectionable  doctrines  or  nominees  upon  the 
party?  Is  there  any  likelihood  of  nominating  conventions 
being  given  up?  Do  men  like  to  attend  them?  Can  con- 
ventions be  made  more  reasonable  in  their  methods  ?  Read 
Dallinger's  Nominations  for  elective  office,  Harvard  His- 
torical Studies^  IV,  and  report  upon  particular  topics. 


CHAPTER   XXII 

PUBLIC   OPINION 


After  a  careful  study  of  Bryce,  Chapters  LV-LVII, 
something  may  be  done  in  the  line  of  discussion  and 
essay-writing  upon  such  questions  or  topics  as  the 
following :  Ought  the  vote  of  the  vicious  and  ignorant 
to  have  as  much  weight  as  that  of  the  wise  and  good  ? 
If  this  is  an  evil,  is  there  any  remedy  ?  What  part  should 
every  honest  and  intelligent  man  take  in  the  formation 

R 


242  PUBLIC  OPINION 

of  opinion  ?  What  new  methods  or  influences  does  the 
nation  need  for  the  wiser  determining  of  pubHc  ques- 
tions? The  part  of  the  school  in  the  government  of  the 
country.  How  is  it  possible  for  men  honest  in  private 
dealing  to  condone  dishonesty  in  officials  ?  What  is  the 
condition  of  public  opinion  in  your  community? 

References  on  Democracy 

Discussions  of  Problems 

Lowell,  J.  R.     Essay  on  democracy. 
Godkin,  E.  L.     Unforeseen  tendencies  of  democracy. 
Godkin,  E.  L.     Problems  of  modern  democracy. 
Lecky.     Democracy  and  liberty,  2  vols.,  esp.  1 :  63- 
136. 
Hyslop,  J.  H.     Democracy. 
Thompson,  D.  G.     Politics  in  a  democracy. 
Lowell,  A.  L.     Essays  on  government. 
Borgeaud,  C.     Rise  of  modern  democracy. 
Ford,  H.  J.     Rise  and  growth  of  American  politics, 
de  Tocqueville.     Democracy  in  America,  2  vols. 
Norcross,  J.     History  of  democracy,  chs.  xi-xxiv. 
Cree,  N.     Direct  legislation  by  the  people. 
Remsen,  D.  S.     Primary  elections. 

Democracy  in  England. 

Arnold,  Matthew.     Democracy.     (In  Mixed  Essays.) 
Rose,  J.  H.     Rise  of  democracy. 
Dickinson.     Development  of  Parliament  during  the 
nineteenth  century. 


BOOK    LIST 

Works  referred  to  in  Parts  I.-IV.,  arranged  alphabetically  by 
authors,  with  more  complete  titles,  and  in  most  cases  the  publisher, 
and  place  and  date  of  publication.  Books  in  series,  as  the  Ameri- 
can Statesmen,  are  given  under  the  name  of  t^e  series;  publications 
of  universities  and  learned  societies  are  inclu<ied  under  the  name  of 
the  institution ;  and  in  case  of  a  number  of  books  by  one  author, 
as  Fiske,  all  issued  by  the  same  publisher,  one  title  represents  all. 
The  most  useful  books  for  a  high  school  library  are  designated  by 
an  asterisk. 

♦Adams,  H.     History  of  the  United  States,  9  \rols.,     Scribner's: 

New  York.     1889-91. 
American   Academy   of    Political    and    Social   Science.      Annals. 

Philadelphia. 
American  archives;    IV.   series,  —  Mar.  7,  1774,  to  July  4,  1776. 

Published  under  Act  of  Congress  of  Mar.  2,  1833,  by  Peter 

Force :  Washington.     1837. 
*  American  commonwealth  series.     Houghton  :  Boston. 

Royce,  California;  Johnston,   Connecticut;  Dunn,  Indiana; 

Spring,    Kansas;    Shaler,    Kentucky ;    Browne,    Maryland; 

Cooley,  Michigan;   Carr,  Missouri;    Scudder,  New    Yorky  2 

vols.;    Barrows,   Oregon;   King,  Ohio;   Robinson,    Vermont; 

Cooke,  Virginia. 
American  Historical   Association.     Reports.     Government  Print- 
ing Office :  Washington, 

Same.     Published  Papers.     Putnam :  New  York. 
♦American  history  leaflets;  edited  by  Hart  and  Channing.     Lovell; 

New  York.     1892-96. 
♦American  statesmen  series.     Houghton:  Boston. 

Morse, yi3-^»  Adams;   liosmer,  Samuel  Adams;  McLaughlin, 
243 


244  BOOK  LIST 

Lewis  Cass;  yiorsQ^ Benjamin  Franklin;  Lodge,  Alexander ^ 
Hamilton;  Tyler,  Patrick  Henry ;  VeWevfy/ohn  Jay ;  Morse, 
Thomas  Jefferson;  Gay,  James  Madison;  Magruder  John 
Marshal;  Gilman,  James  Monroe;  Roosevelt,  Gouverneur 
Morris;  Lodge,  George   Washington^  2  vols.;    and  others. 

♦Amos,  S.  Primer  of  the  English  constitution,  6th  ed.  Long- 
mans: London.     1890. 

Andrews,  E.  B.  History  of  the  United  States,  2  vols.  Scribner's : 
New  York.     1894. 

Anson,  Sir  W.  R.  Law  and  custom  of  the  constitution.  Macmil- 
lan:  New  York.     1892. 

♦Arber,  E.    Story  ofthe  pilgrim  fathers.    Houghton :  Boston.    1897. 

Austin,  J.  T.     Elbridge  Gerry,  2  vols.     Boston.     1828-29. 

Bagehot,  W.     English  constitution.     Appleton:  New  York.     1872. 

*  Bancroft,  G.     Formation  of  the  constitution  of  the  United  States, 

2  vols.     Appleton :  f^ew  York.     1882. 

*  Bancroft,  G.     History  of  the  United  States.    Last  revision,  6  vols. 

Appleton:  New  York.     1886. 

Bancroft,  H.  H.  California  pastoral.  The  History  Co. :  San  Fran- 
cisco.    1888.  ■ 

Bancroft,  H.  H.  History  of  California,  7  vols.  The  History  Co. : 
San  Francisco.     1884-90. 

Bannatyne,  D.  J.  Handbook  of  the  republican  institutions  of  the 
United  States.     Blackwood:  Edinburgh.     1887. 

*  Barrett,  J.  A.     Evolution  of  the  ordinance  of  1 787.     University 

of  Nebraska.     Seminary  papers.     Putnam  :  New  York.     1891. 
Barrows,  W.     United  States  of  yesterday  and  to-morrow.     Roberts : 

Boston.     1888. 
Bateman,  W.  O.     Political  and  constitutional  law  of  the  United 

States.     Jones:  St.  Louis.     1876. 

*  Benton,  T.  H.    Thirty  years'  view,  2  vols.     Appleton :  New  York. 

1854. 
Biddle,  G.  W.     Constitutional  development  in  the  United  States. 

In  Cooley  et  al.     Constitutional  history. 
Bliss,  W.  R.     Colonial  times  on  Buzzard's  Bay.     Houghton :  Boston. 

1893. 
Blunt,  J.    Formation  of  the  confederacy  (of  1781).    New  York. 
1825. 


BOOK  LIST  245 

)rgeaud,   C.     Adoption   and    amendment    of    constitutions   in 
Europe  and  America.     Macmillan:    New  York.     1895. 
Joutwell,  G.  S.     Constitution  of  the  United  States  at  the  end  of 
the  first  century.     Heath:  Boston.     1895. 
Boyd,  J.  P.     Political  history  of  the  United  States.     Phillips  and 
Hunt:  San  Francisco.     1889. 

*  Brooks,  N.     How  the  republic  is  governed.  Scribner's :  New  York. 

1895. 
Brown,  E.,  and  Strauss,  A.     Dictionary  of  American  politics.    Burt : 

New  York.     1888. 
Browne,  J.  R.     Report  of  the  debates  in  the  convention  on  the 

formation  of  the  state  constitution,  1849.     Washington.     1850. 

*  Bruce,  P.  A.     Economic  history  of  Virginia,  2  vols.     Macmillan : 

New  York.     1896. 
Bryant,   E.     What  I  saw  in  California.     Appleton :   New  York, 

1848. 
Bryant  and  Gay.     Popular  history  of  the  United  States,  also  quoted 

as  Gay,  Bryant's  history,  4  vols.     Scribner,  Armstrong :  New 

York.     1876. 

*  California  blue  book  or  state  roster.     Secretary  of  State :  Sacra- 

mento. 

Capron,  E.  S.     History  of  California.     Boston.     1854. 

Carson,  H.  L.  One  hundredth  anniversary  of  the  promulgation 
of  the  constitution  of  the  United  States,  2  vols.  Lippiucott : 
Philadelphia.     1889. 

Cawston,  G.,  and  Keane,  A.  H.  Early  chartered  companies.  Ar- 
nold: London.     1896. 

*  Chalmers,  M.  D.    Local  government  (Citizen  series).    Macmillan : 

London.     1883. 

*  Channing,  E.    The  United  States  of  America  (Cambridge  histori- 

cal series).     Macmillan :  New  York.     1896. 

*  Channing,  E.    Students'  history  of  the  United  States.    Macmillan : 

New  York.     1898. 

*  Channing,  E.,  and  Hart,  A.  B.     Guide  to  the  study  of  American 

history.     Ginn:  Boston.     1896. 

*  Civil  Service  Commission.    Reports.    Government  Printing  Office : 

Washington. 
Civil  Service  Reform  League,  National.     Proceedings.    New  York. 


246  BOOK  LIST 

Clusky,  W.  W.     Political  text-book,  9th  ed.     Smith :  Philadelphia. 

1859. 
Columbia  College.     Studies  in  history,  etc.    Macmillan :  New  York. 

*  Comstock,  J.  M.     Civil  service  in  the  United  States.     Holt :  New 

York.     1885. 

*  Congressional  directory.     Government  Printing  Office :  Washing- 

ton. 

*  Conkling,  A.  R.    City  government  in  the  United  States.    Apple- 

ton:  New  York.     1894. 
♦Cooley,  T.  M.     General  principles  of  constitutional  law  in  the 

United  States.     Little :  Boston. 
Cooley,   T.    M.     Treatise   on   constitutional   limitations.      Little: 

Boston. 
Cooley,  T.  yi.  et  al.     Constitutional  history  of  the  United  States  as 

seen  in  the  development  of  American  law.     Putnam:  New 

York.     1890. 
Cooper,  T.  V.    American  politics.     Fireside  Publishing  Co. :  Phila- 
delphia.    1892. 
Crane,   W.  W.  and  Moses,  B.     Politics.     Putnam:    New  York. 

1884. 
Cronise,  T.   F.     Natural  wealth   of  California.      Bancroft:    San 

Francisco.     1868. 
Cummins,  Mrs.  E.     Story  of  the  files :  a  review  of  California  writers, 

San  Francisco.     1893. 
Curtis,  G.  T.     Constitutional  history,  2  vols.     Harper :  New  York, 

1889. 
Cutler,  W.  P.    Ordinance  of  July  13,  1787,  for  the  government  of 

territory  northwest  of  the  river  Ohio.     Marietta,  O.     1887. 
Daryl,  P.     Public  life  in  England.     Routledge :  London.     1884. 
Davidson,  Mrs.  H.  A.     Reference  history  of  the  United  States. 

Ginn:  Boston.     1892. 
♦Davis,  W.J.     Political  conventions,  1 849-1 892.     California  State 

Library:  Sacramento.     1893. 
♦Dawes,  A.  L.     How  we  are  governed.     Ginn:  Boston.     1896. 
♦Desty,  R.     Constitution  of  California  (1879).     Bancroft- Whitney 

Co. :  San  Francisco. 
Donaldson.     Public  domain.     Government  Printing  Office :  Wash- 
ington, 


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Doyle,  J.  A.    American  colonies  previous  to  the  declaration  of  inde- 
pendence.    Rivington:  London.     1869. 
Doyle,  J.  A.     English  in  America,  3  vols.     Longmans :    London. 

1882-87. 
Doyle,  J.  A.   History  of  the  United  States.    Holt:  New  York.    1876. 
Doyle,  J.  T.     History  of  the  "Pious  Fund"  of  California.     San 

Francisco.     1880. 

Same  published  in  Papers  of  California  Historical  Society. 
Drake,  S.  A.     Making  of  New  England.     Scribner's :  New  York. 

1886. 
♦Drake,  S.  A.     Making  of  the  Ohio  valley  states.     Scribner's: 

New  York.     1894. 
Durand,  E.  D.    Finances  of  New  York  City.     Macmillan:  New 

York.     1898. 
Dwindle,  J.  W.    Colonial  history  of  San  Francisco,  4th  ed.    Towne 

and  Bacon:  San  Francisco.     1867. 

*  Earle,  Mrs.  A.  M.     Customs  and  fashions  in  old  New  England. 

Scribner's :  New  York. 

*  Eggleston,  E.  Beginners  of  a  nation.  Appleton:  New  York.  1896. 

*  Elliott,  J.    Debates  in  the  several  state  conventions  on  the  adop- 

tion of  the  federal  constitution,  2d  ed.  5  vols.     Lippincott : 
Philadelphia.      1859. 

*  EUis,  G.  E.     Puritan  age  and  rule  in  the  colony  of  Massachusetts 

Bay.     Houghton:  Boston.     1888. 

Elmes,  W.  Executive  departments  of  the  United  States.  Morri- 
son: Washington.     1879. 

Escott,  T.  H.  S.  England :  her  people,  polity,  and  pursuits,  2  vols. 
Cassell:  London.     1880. 

♦Federalist.     Edited  by  E.  H.  Scott.     Chicago.     1894. 

*  Fisher,  G.  P.    Colonial  era  (American  history  series).    Scribner's : 

New  York.     1892. 

*  Fisher,  S.  G.     Evolution  of  the  constitution  of  the  United  States. 

Lippincott:  Philadelphia.     1897. 
Fisher,  S.  G.     Making  of  Pennsylvania.     Scribner's:   New  York. 
1896. 

*  Fiske,  J.    American  political  ideas.     Houghton :  Boston. 
Flanders,  H.     Lives  and  times  of  the  chief  justices,  2  vols.    Cock- 
croft  :  New  York.     1875. 


248  BOOK  LIST 

♦Fonblanque,  A.  de.     How  we  are  governed,  i6th  ed.     Warne: 

London.     1889. 
Ford.     Bibliography  of  the  constitution.     In  Curtis,  Constitutional 

history. 

*  Ford,  W.  C.     American  citizens'  manual  (Questions  of  the  day 

series).     Putnam:  New  York.     1882. 
Ford,  P.  L.,  editor.     Essays  on  the  constitution  pubUshed  during 

its  discussion,  1787-88.     Historical  Printing  Club:  Brooklyn. 

1892. 
Foster,  R.     Commentaries  on  the  constitution  of  the  United  States, 

Vol.1.     Boston  Book  Co. :  Boston.     1895. 
Franklin,  B.     Life  of  Franklin  by  himself.     Edited  by  J.  Bigelow, 

3  vols.     Lippincott:  Philadelphia.     1875. 
Franklin,  B.    Writings.     Edited  by  J.  Bigelow.     10  vols.    Putnam : 

New  York.     1887. 

Same.     Edited  by  J.  Sparks.      10  vols.     Boston.     1840. 
Freeman,  E.  A.    Comparative   politics.     Macmillan:  New  York. 

1874. 
Freeman,  E.  A.    History  of  federal  government,  2d  ed.    Macmillan : 

New  York.     1893. 
Frost,  J.     History  of  California.    Auburn,  N.  Y.     1850. 

*  Frothingham,  R.     Rise  of  the  republic  of  the   United  States. 

Little:  Boston.     1872. 
Gomme,  G.  L.     Literature  of  local  institutions  (Booklovers'  library). 

Stock:  London.     1891. 
Gomme,  G.  L.    Village  community.     Scribner  and  Welford :  New 

York.     1890. 
Good  form  in  England.     By  an  American.    Appleton :  New  York. 

1888. 
Goodloe,  D.  R.    Birth  of  the  republic.     Belford:  Chicago.     1889. 

*  Goodnow,  F.  J.     Municipal  home  rule.     Macmillan :  New  York. 

1895. 
♦Goodnow,  F.  J.     Municipal  problems.     Macmillan:  New  York. 

*  Goodwin,  J.  A.     Pilgrim  republic.     Houghton:  Boston.     1888. 

*  Gordy,  W.  F.,  and  Twitchell,  W.  S.     Pathfinder  in  American  his- 

tory.    Lee  and  Shepard :  Boston. 
Grahame,  J.     Colonial  history  of  the  United  States,  2  vols.     Lea 
and  Blanchard :  Philadelphia.     1850. 


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Gross,  C.  The  gild  merchant,  2  vols.  Macmillan:  New  York. 
1890. 

Hallowell,  R.  P.  Quaker  invasion  of  Massachusetts.  Houghton : 
Boston.     1883. 

Hamilton,  A.  Works.  Edited  by  H.  C.  Lodge.  9  vols.  Putnam : 
New  York.     1885-86. 

Hamilton,  J.  C.  History  of  the  United  States  traced  in  the  writings 
of  Alexander  Hamilton  and  his  contemporaries,  6  vols.  Apple- 
ton:  New  York.     1857. 

Harding,  S.  B.  Contest  over  the  ratification  of  the  federal  consti- 
tution in  Massachusetts  (Harvard  historical  studies).  Long- 
mans: New  York.     1896. 

♦Hart,  A.  B.  American  history  told  by  contemporaries,  4  vols. 
Macmillan:  New  York.     1898- 

♦  Hart,  A.  B.     Epoch  maps  illustrating  American  history.     Long- 

mans: New  York.     1892. 
Hart,  A.  B.     Federal  government.     Ginn:  Boston.     1891. 

♦  Hart,  A.  B.     Formation  of  the  Union  (Epochs  of  American  his- 

tory).    Longmans:  New  York.     1892. 

Hart,  A.  B.  Topical  outline  of  the  course  in  constitutional  and 
political  history  of  the  United  States  given  at  Harvard  College 
in  1889-91.     Cambridge.     1890. 

♦Hart,  A.  B.  Practical  essays  on  American  government  Long- 
mans: New  York.     1894. 

♦Harrison,  B.    This  country  of  ours.    Scribner:  New  York.    1897. 

♦  Harvard  historical  studies.     Longmans :  New  York. 

Hearn,  W.  E.     Aryan  household :   its  structure  and  development. 

Longmans:  London.     1879. 
♦Hildreth,  R.     History  of  the   United  States,  6  vols.     Harper: 

New  York.     1851-56. 

♦  Hinsdale,    B.    A.      Old    Northwest.      MacCoun :    New    York. 

1891. 
Hitchcock,  H.    Constitutional  development  in  the  United  States. 

See  Cooley  et  al.y  Constitutional  history. 
Hitchcock,  H.     State  constitutions  (Questions  of  the  day  series). 

Putnam:  New  York.     1887. 

♦  Hittell,  T.  H.    History  of  California,  4  vols.    N.  J.  Stone :  San 

Francisco.     1897. 


250  BOOK  LIST 

Hittell,  J.  S.     History  of  San  Francisco.     Bancroft :  San  Francisca 

1878. 
Hodder.     Brief  bibliography   of  municipal  government.     Kansas 

University  Quarterly. 
Hoist,  H.  E.  von.     Constitutional  history  of  the  United  States,  8 

vols.     Callaghan :  Chicago.     1876-92. 
Hoist,  H.  E.  von.   Constitutional  law  of  the  United  States.   Chicago. 

1887.      . 
♦Hosmer,  J.  K.     Short  history  of  Anglo-Saxon  freedom.     Scrib- 

ner's :  New  York.     1890. 

*  Howard,  G.  E.     Local  constitutional  history  of  the  United  States. 

Johns  Hopkins  University :  Baltimore.     1889. 
Jameson,  J.  F.,  editor.     Essays  in  the  constitutional  history  of  the 

United  States.     Houghton:  Boston.     1889. 
Jefferson,  T.     Writings.     Edited  by  H.  A.  Washington.     9  vols. 

Washington.     1853. 
Jenckes.     Civil  service   of  the   United  States.     Report    of  Joint 

Select  Committee.     House  of  Representatives,  40th  Congress, 

2d  session.     1868. 
♦Johns   Hopkins   University.      Studies  in  historical  and  political 

science.     Edited  by  H.  B.  Adams.     Johns  Hopkins  University : 

Baltimore. 
♦Johnston,  A.     American  politics.     Holt ;  New  York.     1880. 
Kansas  University  Quarterly.     Lawrence,  Kansas. 

♦  Labberton,  R.  H.  New  historical  atlas  and  general  history.   Silver, 

Burdette:  New  York.     1890. 
♦Lalor,   J.   J.     Cyclopedia   of    political  science,  3  vols.      Rand, 

McNally:  Chicago.     1881. 
♦Landon,  J.  S.     Constitutional   history   and  government  of  the 

United  States.     Houghton:  Boston.     1889. 
Laveleye,  E.  de.     Primitive  property. 

*  Lecky,  W.  E.  H.     England  in  the  eighteenth   century,   8  vols. 

Longmans:  London.     1878-90, 
Libby,  O.  G.     Geographical  distribution  of  the  vote.     University 
of  Wisconsin  Bulletin.     1894. 

♦  Lodge,  H.  C.     English  colonies  in  America.     Harper :  New  York. 

1881. 
Lowell  Institute.     Lectures.     Boston. 


BOOK  LIST  251 

Ludlow,  J.  M.     War  of  American  independence.     Estes :  Boston. 

1876. 
McClellan,  R.  G.     Golden  state.     Flint:  Philadelphia.     1876. 

*  MacCoun,  T.     Historical  geography  of  the  United  States.    Silver, 

Burdette :  New  York.     1890. 

*  MacDonald,  W.     Select  documents  illustrative  of  the  history  of 

the  United  States.     Macmillan :  New  York.     1898. 

*  McMaster,  J.  B.     History  of  the  people  of  the  United  States,  4 

vols.     Appleton:  New  York.     1883-95. 
McMaster,  J.  B.    With  the  fathers.     Appleton:  New  York.     1896. 

*  Macy,  J.     The  English  constitution :  a  commentary  on  its  nature 

and  growth.     Macmillan:  New  York.     1897. 

*  Madison's  journal  of  the  federal  convention.    Scott,  Forsman,  and 

Co.:  Chicago.     1893. 
Madison,  J.     Letters  and  other  writings,  4  vols.     Lippincott: 

Philadelphia.     1867. 
Maine,  Sir  H.  S.    Village  communities  in  the  East  and  West.    Holt : 

New  York.     1876. 
Marshall,  J.   LifeofGeorge  Washington,  2  vols.   Philadelphia.  1854. 
Massachusetts  Historical  Society.     Proceedings.     Boston. 

*  Medley,  D.  J.     Student's  manual  of  English  constitutional  history. 

Black  well:  Oxford.     1894. 
Merriam,  J.   M.     Legislative  history  of  the  ordinance  of  1787. 

American  Antiquarian  Society. 
Moffett,  S.   E.     Suggestions   on    government.     Rand,  McNally: 

Chicago.     1894. 
Montgomery,  D.  H.     Student's  American  history.     Ginn:  Boston. 

1897. 
Morris,  C,  editor.     Half-hours  with  American  history,  2  vols.     Lip- 
pincott: Philadelphia.     1887. 

*  National  Conference  for  Good  City  Government.    Proceedings. 

*  Niles,  H.     Republication  of  the  principles  and  acts  of  the  revolu- 

tion in  America.     Barnes:  New  York.     1876. 
Norman,  L.     Popular  history  of  California,  2d  ed.     Roman :  San 
Francisco.     1883. 

*  Northend,  W.  D.    The  bay  colony :  a  civil,  religious,  and  social 

history  of  the  Massachusetts  colony.     Estes:  Boston.     1896. 

*  Old  South  leaflets.    Directors.    Old  South  meeting-house :  Boston. 


252  BOOK  LIST 

O'Meara,  J.  Broderick  and  Gwin :  a  brief  history  of  early  politics 
in  California.     Bacon:  San  Francisco.     1881. 

♦O'Neil,  C.  A.  American  electoral  system.  Putnam  :  New  York. 
1895. 

♦Parkman,  F.    Montcalm  and  Wolfe,  2  vols.   Little:  Boston.    1893. 

Patterson,  C.  S.  Federal  restraint  on  state  action:  the  United 
States  and  the  states  under  the  constitution.  Johnson :  Phila- 
delphia.    1888. 

Pennsylvania  Historical  Society.     Publications.     Philadelphia. 

Pierce,  E.  L.,  editor.  Memoir  and  letters  of  Charles  Sumner,  4 
vols.     Roberts:  Boston.     1893. 

Pitkin,  T.  Political  and  civil  history  of  the  United  States  of 
America  (1763-97),  2  vols.     New  Haven.     1828. 

Poussin,  G.  T.  The  United  States:  its  power  and  progress. 
Philadelphia.     1857. 

♦Poore,  B.  P.  Federal  and  state  constitutions,  colonial  charters, 
and  other  organic  laws  of  the  United  States,  2  vols.  2d  ed., 
1878.     Government  Printing  Office  :  Washington. 

*  Porritt,  E.    The  Englishman  at    home :    his  responsibilities  and 

privileges.     Crowell :  New  York.     1 893. 
Porter,  L.  H.     Outlines  of  the  constitutional  history  of  the  United 

States.     Holt:  New  York.     1887. 
♦Preston,   H.   W.     Documents   illustrative   of  American   history, 

1606-1863.     2d  ed.     Putnam:    New  York.     1891. 

*  Public  land  surveys.     American  Book  Co. :  New  York. 
Quincy,  J.     Municipal  history  of  the  town  and  city  of  Boston  dur- 
ing two  centuries.     Little :  Boston.     1852. 

Ramsay,  D.     History  of  the  United   States  (1607-1808),  3  vols. 

2d  ed.     Philadelphia.     181 8. 
Rives,  W.  C.     Life  and  times  of  James  Madison,  3  vols.     Little : 

Boston.     1868. 
♦Roosevelt,  T.     Winning  of  the  West,  4  vols.     Putnam:   New 

York.     1889-96. 
Rupert,  W.  W.     Guide  to  the  study  of  the  history  and  constitution 

of  the  United  States.     Ginn:  Boston.     1888. 
San  Francisco  Free  Public  Library.     Bulletin.     San  Francisco. 
Scott,  E.  G.     Development  of  constitutional  liberty  in  the  English 

colonies  of  America.     Putnam:  New  York.     1882. 


BOOK  LIST  253 

♦Schouler,  J.     Constitutional  studies,  state  and  federal.    Dodd: 
New  York.     1897. 

*  Schouler,  J.     History  of  the  United  States  under  the  constitution 

(i 783-1861),  5  vols.     Dodd:  New  York.     1880-89. 
Schuyler,  E.     American  diplomacy  and  the   furtherance  of  com- 
merce.    Scribner:  New  York.     1895. 

*  Scudder,  H.  E.,  editor.     Men  and  manners  in  America  a  hundred 

years  ago.     Scribner's :  New  York.     1876. 

*  Sears,  H.     Governments  of  the  world  to-day.     Flood  and  Vin- 

cent: Meadville,  Pa.     1895. 
Seebohm,   F.     English    village    community,   3d   ed.     Longmans; 
London.     1884. 

*  Sergeant,  L.,  editor.     Government  year  book :  forms  and  methods 

of  government  in  Great  Britain,  her  colonies,  and  foreign  coun- 
tries.    Unwin:  London.     1889. 
♦Shaw,  A.     Municipal  government  in  continental  Europe.    Cen- 
tury Co. :  New  York.     1895. 

*  Shaw,  A.    Municipal  government  in  Great  Britain.     Century  Co. : 

New  York.     1895. 
Sheldon-Barnes.     American  history.     Heath:  Boston.     1891. 

*  Shinn,  C.  H.     Mining  camps :  a  study  in  American  frontier  gov- 

ernment.    Scribner's:  New  York.      1885. 
♦Sloane,  W.  M.    The  French  war  and  the  revolution  (American 

history  series).     Scribner's :  New  York.     1893. 
Smith,  G.    The  United  States :  an  outline  of  political  history,  1492- 

187 1.     Macmillan:  New  York.     1893. 
Smith,  G.  B.     History  of  the  English  parliament,  2  vols.     Ward, 

Lock,  Bowden,  and  Co. :  London.     1892. 
Smith,  G.  B.     Romance  of  colonization:  the  United  States  from 

the  earliest  times  to  the  landing  of  the  Pilgrims.     Dodd :  New 

York.     1897. 
Smith,  P.  V.     History  of  the  English  institutions  (Historical  hand- 
books).    Lippincott :  Philadelphia.     1874. 
Sparks,  J.     Life  of  Franklin.     Boston.     1844. 
Spencer,  J.  A.     History  of  the  United  States,  —  continued  to  1876 

by  B,  J.  Lossing,  4  vols.     Johnson  and  Miles  :  New  York. 

*  Stanwood,  E.     History  of  presidential  elections.     Republished  as 

"  History  of  the  presidency."     Houghton:  Boston.     1898. 


254  BOOK  LIST 

♦Statesman's  year  book.     Edited  by  J.  S.  Keltic.     Macmillan: 

New  York. 
♦Stevens,  C.  E.     Sources  of  the  constitution.    Macmillan:  New 

York.     1894. 
Stille,  C.  J.     Life  and  times  of  John  Dickinson,  1 732-1808.     Lip- 

pincott:  Philadelphia.     1891. 
Story,  J.     Commentaries  on  the  constitution  of  the  United  States. 

Edited  by  T.  M.  Cooley,  2  vols.     Little :  Boston.     1873. 
Story,  J.     Familiar  exposition  of  the  constitution.     1840. 
Stubbs,  W.     Constitutional  history  of  England,  3  vols.     Qarendon 

Press:  Oxford.     1880. 

♦  Sumner,  W.  G.     The  financier  and  the  finances  of  the  American 

revolution,  2  vols.     Dodd:  New  York.     1891. 
Taylor,  H.     Origin  and  growth  of  the  English  constitution,  2  vols. 
Houghton:  Boston.     1889-98. 

♦  Thayer,  J.  B.     Cases  on  constitutional  law,  2  vols.    C.  W.  Sever : 

Cambridge,  Mass.     1895. 

Thorpe,  F.  N.  Constitutional  history  of  the  American  people, 
1776-1850,  2  vols.     Harper :  New  York.     1898. 

♦Thwaites,  R.  G.  The  colonies  (Epochs  of  American  history). 
Longmans:  New  York.     1891. 

♦Tiedeman,  C.  G.  The  unwritten  constitution  of  the  United  States. 
Putnam:  New  York.     1890. 

Todd,  A.  Parliamentary  government  in  England :  its  origin,  de- 
velopment, and  practical  operation,  2  vols.  Sampson,  Low, 
Marston,  and  Co. :  London.     1892. 

Towle,  N.  C.  History  and  analysis  of  the  constitution  of  the  United 
States,  with  a  full  account  of  the  confederations  which  pre- 
ceded it.     Little:  Boston.     1861. 

♦Traill,  H.  D.,  editor.  Social  England,  6  vols.  Putnam:  New 
York.     1897. 

♦Treadwell,  E.  F.  Charter  of  San  Francisco,  1899.  Bancroft- 
Whitney  Co. :  San  Francisco.     1899. 

Tuthill,  F.  History  of  California.  Bancroft:  San  Francisco. 
1866. 

♦  Tyler,  M.  C.     Literary  history  of  the  revolution,  2  vols.     Putnam : 

New  York.     1897. 
von  Hoist,  H.  E.     See  Hoist,  H.  E.  von. 


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♦Walker,  F.  A.     Making  of  the  nation  (American  history  series). 

Scribner's:  New  York.     1895. 
Washington,   G.      Writings.      Edited  by  W.   C.   Ford.    14  vols. 

Putnam:    New  York.       1889. 

♦  Weeden,  W.  B.     Economic  and  social  history  of  New  England, 

2  vols.     Houghton :  Boston.     1890. 
Wells,  W.  V.     Life  and  public  services  of  Samuel  Adams,  3  vols. 
Little:  Boston.     1865. 

♦  Whitaker's  Almanac.     London. 

Willey,  S.  H.     History  of  the  college  of  California.     Carson:  San 

Francisco.     1897. 
Willoughby,  W.  W.     Government  and  administration  in  the  United 

States.     Johns  Hopkins  University.     1891. 
Wilson,  H.     Rise  and  fall  of  the  slave  power  in  America,  3  vols. 

Osgood:  Boston.     1872-77. 
♦Wilson,  W.     Congressional   government:    a  study  of  American 

politics,  8th  ed.      Houghton:    Boston.     1891. 

♦  Wilson,    W.     The   state :    elements   of  historical  and  practical 

politics.     Heath :  Boston.     1890. 

♦  Winsor,  J.     Mississippi  basin :  the  struggle  in  America  between 

England  and  France.    Houghton  :  Boston.     1895. 
♦Winsor,  J.,  editor.     Narrative  and  critical  history  of  America,  8 

vols.     Houghton:  Boston,     1886-89. 
Winsor,  J.,  editor.     Memorial  history  of  Boston,  1630-1880,  4  vols. 

Osgood:  Boston.     1882. 
Wirt,  W.     Life  of  Patrick  Henry,  4th  ed.     New  York.     1831. 
Wisconsin,  University  of.     Bulletin.     Madison,  Wis. 
♦Young,  A.  W.    The  American  statesman:    a  political  history. 

Goodspeed :  New  York.     1877. 


INDEX 


Abolition  movement.  See  Sla- 
very 

Administrator,  Public,  powers  and 
duties,  159 

Agriculture,  Department  of,  sum- 
mary of  organization,  69-70 

Alien  and  sedition  acts,  references, 
211-212 

Amendment  of  the  Constitution, 
topics  and  questions,  99-100 

Anti-slavery  petitions.    See  Slavery 

Apportionment.  See  House  of 
Representatives 

Army,  references,  239 

Assessor,  powers  and  duties,  156- 

157 

Attorney,  District,  powers  and  du- 
ties, 156 

Attorney-General,  powers  and  du- 
ties, 136-137 

Auditor,  powers  and  duties,  155 

Banks,  United  States,  references, 

224-225 
Board.    See  specific  name,  as  Eidu- 

cation.  Board  of 

Cabinet,  topics  and  questions,  60 
California,  brief  outline  of  history, 
106-107 ;  history  references,  108- 
114;  table  of  population,  107; 
valuation  of  property,  108 ;  refer- 
ences for  constitution  of  1879, 
113,  117;  questions  on  legisla- 
ture, 123-124;  questions  on  ex- 
ecutive department,  125-129 ;  list 


of  executive  officers,  128 ;  duties 
of  executive  officers,  129-138; 
questions  on  judiciary,  139-140; 
hst  of  counties,  148-149 ;  county 
government,  150-175;  township 
government,  189-193 

City  government,  general  form, 
topics  and  questions,  193-194; 
working  of  city  government,  top- 
ics and  questions,  194-195;  his- 
tory references,  195-196;  city 
government  in  California,  196- 
199;  San  Francisco,  199-203 

Civil  service,  references,  57-58 ;  or- 
ganization of  the  United  States 
executive  departments,  61-74 

Clerk,  County,  powers  and  duties, 

154-155 
Coinage  legislation,  references,  238- 

239 

Colonies,  references  on  early  his- 
tory, 1-4 ;  on  industry  and  trade, 
5 ;  on  culture  and  society,  6 ;  on 
political  institutions,  7.  See  also 
Revolution 

Commerce  of  the  United  States, 
references,  239.    See  also  Trade. 

Confederation, articles  of,  summary, 
24-28 ;  references  for  full  text,  28 ; 
proceedings  in  adoption,  29-30; 
references  for  the  period,  30-31 

Confederation,  New  England,  sum- 
mary of  articles,  9-10;  refer- 
ences, 10-11 

Congress.  See  also  House  of  Rep- 
resentatives, Senate.    Powers  and 


257 


258 


INDEX 


methods,  topics,  82;  legislation, 
topics,  82;  finances,  topics,  82; 
relation  of  the  two  houses,  topics, 
82;  questions  on  Congress,  83- 
84 ;  mode  of  publication  of  laws, 
84-85 ;  relation  to  the  President, 
topics,  86-87 

Congress,  Continental,  summary  of 
Declaration  of  Rights,  20-21 

Congress,  Stamp  Act,  summary  of 
Declaration  of  Rights,  19 

Constables,  duties,  192 

Constitution,  United  States,  origin, 
topics  and  questions,  33-34 ;  ref- 
erences on  origin,  34;  constitu- 
tional convention,  references,  34- 
37 ;  questions  on  text,  37-41 ; 
references  to  commentaries,  41- 
42 ;  references  on  ratification,  42- 
44;  constitutional  development, 
topics  and  questions,  99-102; 
amendment,  topics  and  ques- 
tions, 99-100;  results  of  develop- 
ment, topics  and  questions,  102 ; 
theories  and  interpretation,  ref- 
erences, 208-211 

Constitutions,  State,  references  on 
origin,  114-115;  contents,  topics 
and  questions,  116;  relation  of 
the  people  to  State  constitutions, 
topics  and  questions,  117-118; 
direct  legislation,  topics,  118 

Controller,  State,  powers  and  du- 
ties, 134-135 

Convention,  the  constitutional,  of 
1787,  references,  34-37.  See  also 
Nominating  conventions 

Coroner,  powers  and  duties,  156 

County.  See  also  names  of  county 
offices.  List  of  California  coun- 
ties, 148-149;  government  of 
California  counties,  150-175 ;  list 
of  offices,  152 ;  powers  and  du- 
ties of  officers,  153-159 ;  subdi- 
visions of  counties,  161-162; 
finances,  tables  and  reports,  Ala- 


meda county,  CaUfornia,  164- 
174 ;  directory  of  county  officers, 
167-170;  receipts  and  disburse- 
ments, Alameda  county,  Califor- 
nia, 170-174;  history  of  county 
government,  references,  177-178 
Courts,  the  Federal,  topics  and 
questions,  88-89 ;  the  courts  and 
the  constitution,  topics  and  ques- 
tions, 90 ;  working  of  the  courts, 
topics  and  questions,  90-91 ;  list 
of  noted  decisions  and  references, 

91-94 
Courts,  Justices',   jurisdiction    of, 

Z92 
Courts,  State.    See  Judiciary,  State. 
Courts,  Superior,  jurisdiction    of, 

159-160 

Democracy,  questions  on  public 
opinion,  241-242,  references,  on 
democracy,  242 

Districts,  irrigation,  162 ;  road,  162 ; 
sanitary,  162 ;  supervisor,  152,  162 

Education,  Board  of,  in  Califor- 
nia county,  158-159^ 

Election  of  President,  references, 
56 

Embargo  acts,  references,  217 

English  legislation  for  America, 
references,  16-17 

Executive  Departments.  See  also 
Cabinet,  Civil  Service,  Federal 
Government,  President,  State  De- 
partment, etc.  Summary  of  or- 
ganization, 61-71 ;  references,  71- 
72;  questions  on  the  work  of 
the  departments,  72-74;  Con- 
gress and  the  departments, 
topics  and  questions,  86-87 

Executive,  State,  topics  and  ques- 
tions, 125-127  ;  list  of  offices  and 
commissions  in  California,  128; 
duties  of  executive  officers,  129- 
138 


INDEX 


259 


Federal  Goverament,  nature  of 
the,  topics  and  questions,  46-47 ; 
executive  department,  55-75  ; 
legislative  department,  75-86 ; 
the  legislature  and  the  executive, 
86-88;  judicial  department,  88- 
94 ;  the  federal  system,  95-99 

FederaUsm,  defects  and  merits, 
topics  and  questions,  98;  refer- 
ences on  other  federal  states,  99 

Finance,  congressional  manage- 
ment, topics,  82.  See  also  State 
finance. 

Foreign  policy  of  the  United  States, 
references,  218-221 

Franklin's  plan  of  union,  sum- 
mary, 14;  references,  15 

Governor,  powers  and  duties, 
129-132;  list  of  appointments, 
California,  131-132 

Hartford  convention,  references, 
218 

House  of  Representatives.  See  also 
Congress.  Topics  and  ques- 
tions, 77-79 ;  table  of  apportion- 
ment, 80-81;  questions  on  ap- 
portionment, 82 

Implied  powers,  references  on 
doctrine,  210-21 1 

Independence,  Declaration  of,  ref- 
erences, 23-24 

Industry,  colonial,  references,  5 

Institutions,  colonial,  references, 
7;  local.  See  also  City,  County, 
Township 

Interior  Department,  summary  of 
organization,  67-68 

Internal  improvements,  policy  of, 
references,  215-216 

Judiciary,  State.  See  also  Courts, 
Justices  of  the  Peace.  Topics 
and  questions,  138-140 


Juries,  classification  and  descrip- 
tion, 160-161 

Justice,  Department  of,  summary 
of  organization,  69 

Justices  of  the  Peace,  in  California 
township,  191 ;  jurisdiction  of  jus- 
tices' courts,  192 

Kansas,   struggle    over     slavery, 

references,  232-233 
Kentucky  resolutions,    references, 


Land  system,  questions  and  ref- 
erences, 50-51 

Legal-Tender  legislation,  refer- 
ences, 237-238 

Legislation,  direct,  in  State  consti- 
tutions, topics  and  questions, 
118 

Legislation,  United  States.  See 
Alien  and  Sedition  Acts,  Coinage, 
Embargo  Acts,  Legal-Tender, 
Tariff,  etc. 

Legislative  Department  See  Con- 
gress, Legislature 

Legislature,  State,  topics  and  ques- 
tions, 120-124 

Local  government,  general  S3rstem, 
topics  and  questions,  146-147. 
See  also  County,  Township 

Ministry,  references  on  English 
system,  87-88 

Municipalities.  See  City  Govern- 
ment 

Nation  and  the  States,  topics  and 
questions,  33;  present  unifying 
forces,  questions,  53 

Navy,  references,  239-240 

Navy  Department,  summary  of  or- 
ganization, 66-67 

New  England  confederation.  See 
Confederation 

New  England's  threats  of  seces- 


26o 


INDEX 


sion,  war  of  1812,  references,  217- 

218 
Nominating  conventions,  questions 

and  references,  240-241 
Non-importation  agreement,  17-19. 
Nullification,  references,  212-214 

Ordinance  of  1787,  references, 
52-53;  references  for  full  text, 
S3 

Parties,  political,  questions  and 
references,  204 ;  history  to  1830, 
references,  205-208 ;  history  from 
1830  to  Civil  War,  references, 
221-223;  rise  of  Republican 
party,  references,  233;  history 
since  Civil  War,  references,  234- 

235 

Penn's  plan  of  union,  summary, 
13-14;  references,  14 

Politics.  Sec  Parties,  Nominating 
conventions 

Politics,  State,  topics  and  Ques- 
tions, 144 

Population,  distribution  in  the 
United  States,  references,  48 

Post-Office  Department,  summary 
of  organization,  68-69 

President,  topics  and  questions, 
55-57.  59-60;  history  of  elec- 
tions, references,  56 ;  powers  and 
duties,  topics  and  questions,  56- 
57 ;  discussion  of  the  office,  top- 
ics and  questions,  59-60 

Procedure,  outline  of  legal,  175- 
176 

Recorder,  County,  powers  and 

duties,  155. 

Representatives.    See  House. 

Revenue  system  of  the  United 
States,  references,  227-228,  236- 
237.    See  also  Legal-Tender 

Revolution.  See  also  Indepen- 
dence.   English  legislation  after 


1763,  references,  16-17;  i^on- 
importation  agreement,  17-19 ; 
principles  of  the  revolution,  19-23 

San  Francisco,  description  of 
government,  199-200 ;  record 
of  charters,  199-201 ;  charter  of 
1899,  references,  202;  history 
references,  202-203 

Secretary  of  State  (state  officer), 
powers  and  duties,  133-134 

Senate,  United  States.  See  also 
Congress.  Topics  and  Ques- 
tions, 75-77;  working  of  the 
Senate,  topics  and  questions,  76- 

n 

Sheriff,  powers  and  duties,  154 

Slavery,  anti-slavery  petitions  to 
Congress  before  1830,  references, 
216 ;  territorial  and  slavery  ques- 
tions, references,  228-229;  Mis- 
souri compromise,  references, 
229-230;  Wilmot  proviso  and 
compromise  of  1850,  references, 
231-232;  struggle  in  Kansas, 
232-233 

State  Department,  summary  of  or- 
ganization, 61-62 

State  finance,  topics  and  questions, 
140-142 

State  governments,  working  of, 
topics  and  questions,  142-143; 
faults  and  their  remedies,  topics 
and  questions,  143 

States,  questions  on  admission  of 
new  States,  48 ;  questions  on  area 
and  boundaries,  48 ;  relation  to 
the  Union,  topics  and  questions, 
95-98 ;  nature  of  the  States,  topics 
and  questions,  105-106 ;  organiza- 
tion, topics,  114;  history  refer- 
ences, 119-120 

Superintendent  of  Public  Instruc- 
tion, powers  and  duties,  138 

Superintendent  of  Schools,  county, 
powers  and  duties,  158 


INDEX 


261 


Supervisors,  county,  election,  152; 

powers  and  duties,  153 
Surveyor,     County,    powers    and 

duties,  156 
Surveyor-General,      powers      and 

duties,  137-138 

Tariff  history,  the  tariff  and 
nullification,  references,  212-214; 
tariff  legislation  to  i860,  refer- 
ences, 225-227;  war  tariffs  and 
recent  changes,  references,  235- 
236 

Taxation,  rates  of,  table  of  Cali- 
fornia counties,  148-149 ;  in  Ala- 
meda county,  California,  164 

Territory,  growth  of  the  United 
States,  questions,  47 ;  references, 
49-50.     See  also  Land 

Territories,  system  of,  topics  and 
questions,  52.  -S"^^  a/j<?  Ordinance 
of  1787 

Trade,  colonial,  references,  5.  See 
also  Commerce. 

Treasurer,  State,  powers  and  duties, 
13S-136 

Treasurer,  County,  powers  and 
duties,  154;  balance-sheet,  Ala- 
meda county,  California,  165-167 


Treasury  Department,  summary  of 
organization,  62-65 

Town-meeting,  description  of 
modem,  references,  180;  town 
warrant,  Andover,    Mass.,   180- 

185 
Township,  early  history,  references, 
178-179;  history  in  New  Eng- 
land, references,  179-180;  town- 
ship in  California,  161,  1 89-191 ; 
history  references,  191 ;  judicial 
organization,  191-193 

Union,  formation  of,  references, 
9-31 ;  plans  of  colonial  union,  11- 
15;  references  on  plans,  13-15; 
obstacles  in  the  way  of  union, 
references,  15 

United  States.  See  Colonies,  Ter- 
ritory, Union 

Virginia  and  Kentucky  resolu- 
tions, references,  211-212 

War    Department,    summary   of 

organization,  65-66 
Webster-Hayne  debate,  references, 

214-218 


X 


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